National Gas (South Australia) Act 2008 (SA)
South Australia
National Gas (South Australia) Act 2008
An Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Crown to be bound
5 Application to coastal waters
6 Extra‑territorial operation
Part 2—National Gas (South Australia) Law and National Gas (South Australia) Regulations
7 Application of National Gas Law
8 Application of regulations under National Gas Law
9Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations
Part 3—Making of regulations and rules under National Gas Law
10 Definitions
11 General regulation‑making power for National Gas Law
12 Specific regulation‑making power
13 Making of rules
Part 4—Cross vesting of powers
14 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State
15 Conferral of powers on Ministers of participating States and Territories to act in this State
16 Conferral of functions or powers on State Minister
Part 5—General
17 Exemption from taxes
19 Conferral of functions and powers on Commonwealth bodies
20 Freedom of information
21 Role of AEMO
22 Ministerial power to suspend operation of 2009 Amendment Act
23 Application of provisions relating to short term trading markets
24 Regulation‑making power for the purposes of the National Gas (South Australia) Law
Part 6—Validation of instruments and decisions of AER
25 Validation of instruments and decisions made by AER
26 AER—authorisation of preparatory steps
Schedule—National Gas Law
Chapter 1—Preliminary
Part 1—Citation and interpretation
1 Citation
2 Definitions
2A Additives and impurities
3 Meaning of civil penalty provision
3A Civil penalty amounts for breaches of civil penalty provisions
4 Meaning of conduct provision
5 Meaning of prospective user
6 Meaning of regulatory obligation or requirement
7 Meaning of regulatory payment
8 Meaning of service provider
8AA Meaning of transportation service provider
8AB Meaning of small shipper
8A Nominated distributors
9 Passive owners of pipelines deemed to provide or intend to provide pipeline services
10 Things done by 1 service provider to be treated as being done by all of service provider group
11 Local agents of foreign service providers
12 Commissioning of a pipeline
13 Pipeline classification criterion
14 Local regulations may exempt pipeline
16 Form of regulation factors
17 Effect of separate and consolidated access arrangements in certain cases
18 Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline
19 Expansions of the capacity of non‑scheme pipelines to be taken to be part of non‑scheme pipeline
19A Related bodies corporate
20 Interpretation generally
Part 2—Participating jurisdictions
21 Participating jurisdictions
22 Ministers of participating jurisdictions
Part 3—National gas objective and principles
Division 1—National gas objective
23 National gas objective
23A Regulations may prescribe matters for national gas objective
Division 2—Revenue and pricing principles relating to scheme pipelines
24 Revenue and pricing principles relating to scheme pipelines
Division 2A—Innovative trial principles
24A Innovative trial principles
Division 3—MCE policy principles
25 MCE statements of policy principles
Part 4—Operation and effect of National Gas Rules
26 National Gas Rules to have force of law
Part 5—Corporations Act displacement
26ACorporations Act displacement
Chapter 2—Functions and powers of gas market regulatory entities
Part 1—Functions and powers of the Australian Energy Regulator
Division 1—General
27 Functions and powers of the AER
28 Manner in which AER must perform or exercise AER economic regulatory functions or powers
29 Delegations
30 Confidentiality
Division 1AA—Wholesale gas markets—AER monitoring and reporting functions
Subdivision 1—Preliminary
30AA Definitions
30AB Meaning of effective competition
30AC AER wholesale market monitoring and reporting functions
30AD Information to be treated as confidential
30AE Redaction of information
Subdivision 2—Use of general information gathering powers
30AF Limits on use of section 42 information gathering powers
30AG Matters to be considered before using section 42 information gathering powers
Subdivision 3—Market monitoring information notices and market monitoring information orders
30AH Definitions
30AI Urgent notices and urgent orders
30AJ Content of notices and orders
30AK Notices and orders may be made for both past and future information
30AL Making and serving notices and orders
30AM AER must consult before making order
30AN Publication of orders
30AO Opportunity to be heard before notice served
30AP Compliance with notice
30AQ Compliance with order
30AR Certification of compliance by statutory declaration
30AS Subdivision does not limit powers under Division 3
Subdivision 4—Miscellaneous
30AT Wholesale market monitoring guidelines
30AU Review of wholesale market monitoring powers
Division 1A—Rate of return instrument
Subdivision 1—Preliminary
30A Definitions
30B Rate of return instrument has force of law
30C Rate of return instrument is binding on AER and scheme pipeline service providers
Subdivision 2—Requirement to make rate of return instrument
30D AER to make rate of return instrument
30E Content of rate of return instrument
Subdivision 3—Consultation requirements
30F Process for making rate of return instrument
30G Other matters AER must have regard to in making instrument
30H Requirements before publishing draft instrument
30I Consumer reference group
30J Publication of draft instrument and other information
30K Report about draft instrument by independent panel
30L Publication of explanatory information
30M Failure to comply does not affect validity
Subdivision 4—Publication, review and other matters
30N Publication of rate of return instrument
30O Commencement and duration of instrument
30P Review and replacement of instrument
30Q Application of instrument
30R Rate of return instrument may apply for this Law and the National Electricity Law
Subdivision 5—Confidentiality of information
30S Confidentiality
30T Disclosure of information given in confidence
Division 1B—AER trial waiver functions
30U Definitions
30V Interpretative matters
30W Trial waiver
30X Conditions of trial waiver
30Y Consultation on trial waiver
30Z Publication etc of trial waiver
30ZA Duration of trial waiver
30ZB Extension of trial waiver
30ZC Compliance with trial waiver
30ZD Revocation of trial waiver
30ZE Other matters
Division 2—Search warrants
31 Definitions
32 Authorised person
33 Identity cards
34 Return of identity cards
35 Search warrant
36 Announcement of entry and details of warrant to be given to occupier or other person at premises
37 Immediate entry permitted in certain cases
38 Copies of seized documents
39 Retention and return of seized documents or things
40 Extension of period of retention of documents or things seized
41 Obstruction of persons authorised to enter
Division 3—General information gathering powers
42 Power to obtain information and documents in relation to performance and exercise of functions and powers
Division 4—Regulatory information notices, general regulatory information orders and price information orders
Subdivision 1—Interpretation
43 Definitions
44 Meaning of contributing service
45 Meaning of general regulatory information order
46 Meaning of regulatory information notice
46A Meaning of price information order
47 Division does not limit operation of information gathering powers under Division 3
Subdivision 2—Serving and making of regulatory information instruments
48 Service and making of regulatory information instruments
49 Additional matters to be considered for related provider regulatory information instruments
50 AER must consult before publishing an order
51 Publication requirements for orders
52 Opportunity to be heard before regulatory information notice is served
Subdivision 3—Form and content of regulatory information instruments
53 Form and content of regulatory information instrument
54 Further provision about the information that may be described in a regulatory information instrument
55 Further provision about manner in which information must be provided to AER or kept
Subdivision 4—Compliance with regulatory information instruments
56 Compliance with regulatory information notice that is served
57 Compliance with order
57A Confidentiality issues
57B Disclosure of information given to AER in compliance with regulatory information instrument
58 Exemption from compliance with general regulatory information order or price information order
59 Assumptions where there is non-compliance with regulatory information instrument
Subdivision 5—General
60 Providing to AER false and misleading information
61 Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument
62 Legal professional privilege not affected
63 Protection against self-incrimination
Division 4A—Monitoring service providers
63A AER must monitor service providers' behaviour
63B AER must report to MCE
Division 5—Service provider performance reports relating to scheme pipelines
64 Preparation of service provider performance reports relating to scheme pipelines
Division 5A—Compliance and performance
64A References in this Division to service providers
64B Compliance audits by AER
64C Compliance audits by service providers
64D Carrying out of compliance audits
64E Cost of compliance audits
64F AER Compliance Procedures and Guidelines
Division 6—Miscellaneous matters
65 Consideration by the AER of submissions or comments made to it under this Law or the Rules
66 Use of information provided under a notice under section 42 or a regulatory information instrument
67 AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
68 AER Guidelines
68A Single documentation
68B Use of information
Part 2—Functions and powers of the Australian Energy Market Commission
Division 1—General
69 Functions and powers of the AEMC
70 Delegations
71 Confidentiality
72 AEMC must have regard to national gas objective
72A Targets statement for greenhouse gas emissions targets
73 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews
Division 2—Rule making functions and powers of the AEMC
74 Subject matter for National Gas Rules
75 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
76 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
77 Documents etc applied, adopted and incorporated by Rules to be publicly available
Division 3—Committees, panels and working groups of the AEMC
78 Establishment of committees, panels and working groups
Division 4—MCE directed reviews
79 MCE directions
80 Terms of reference
81 Notice of MCE directed review
82 Conduct of MCE directed review
Division 5—Other reviews
83 Rule reviews by the AEMC
Division 6—Miscellaneous matters
83B Standard market timetable
83C Use of the standard market timetable
83D False or misleading statements
84 AEMC must publish and make available up to date versions of Rules
85 Fees
86 Immunity from personal liability of AEMC officials
Part 3—Functions and powers of Ministers of participating jurisdictions
87 Functions and powers of Minister of this participating jurisdiction under this Law
Part 5—Functions and powers of Tribunal
91 Functions and powers of Tribunal under this Law
Part 6—Role of AEMO under National Gas Law
Division 1—General
91A AEMO's statutory functions
91AB AEMO's power to carry out statutory functions
91AC Delegation
Division 1A—AEMO's east coast gas system reliability and supply adequacy functions
91AD AEMO's east coast gas system reliability and supply adequacy functions
91AE AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions
91AF AEMO's power of direction—east coast gas system reliability and supply adequacy
91AG East Coast Gas System Procedures
91AH Compliance with East Coast Gas System Procedures
Division 2—AEMO's declared system functions
Subdivision 1—Preliminary
91B Application of this Division
91BA AEMO's declared system functions
91BB AEMO to account to relevant Minister for performance of declared system functions
Subdivision 2—Power of direction
91BC AEMO's power of direction
91BD Protection from liability
Subdivision 3—AEMO's relationship with transmission system service providers and facility owners
91BE Service envelope agreement between AEMO and transmission pipeline service provider
91BF Interconnection with facilities
91BG Operating agreement between AEMO and facility owner
91BH General principles governing determinations
Subdivision 4—Declared wholesale gas market
91BI Market participation
91BJ Registration required for market participation
91BK Certificates of registration etc
Subdivision 5—Wholesale Market Procedures
91BL Wholesale Market Procedures
91BM Nature of Wholesale Market Procedures
91BN Compliance with Wholesale Market Procedures
Subdivision 6—Ownership of gas in declared transmission system
91BO Ownership of gas
91BP Title to gas
Subdivision 7—Immunity
91BQ Immunity
91BR Immunity in dealing with an emergency
Division 2A—Short term trading markets
Subdivision 1—Preliminary
91BRA Application of this Division
91BRB AEMO's STTM functions
Subdivision 2—Short term trading markets
91BRC Market participation
91BRD Registration required for market participation
91BRE Certificates of registration etc
91BRF Title to gas
91BRG Gas supplied to STTM hub must meet quality specifications specified in the Rules
Subdivision 3—STTM Procedures
91BRH STTM Procedures
91BRI Nature of STTM Procedures
91BRJ Compliance with STTM Procedures
Division 2B—Gas trading exchanges
91BRK AEMO's gas trading exchange functions
91BRL Gas trading exchange not to constitute a regulated gas market
Division 2C—Capacity auctions for transportation services
91BRM AEMO's capacity auction functions
91BRN Capacity auctions not to constitute a regulated gas market
Division 2D—Capacity Transfer and Auction Procedures
91BRO Making of Capacity Transfer and Auction Procedures
91BRP Nature of Capacity Transfer and Auction Procedures
91BRQ Compliance with Capacity Transfer and Auction Procedures
Division 2E—Registration in relation to transportation facility
91BRR Registration obligation
91BRS Exemptions from obligation to register
91BRT Certificates of registration and exemption from registration
Division 3—Information etc to be provided to Ministers
91C Ministerial request
91CA Compliance with request
91CB Quarterly report
Division 4—Gas statement of opportunities
91D Object and content of gas statement of opportunities
91DA AEMO's obligation in regard to gas statement of opportunities
91DB Information for the gas statement of opportunities
91DC Person cannot rely on duty of confidence to avoid compliance with obligation
91DD Giving AEMO false or misleading information
91DE Immunity of persons giving GSOO information to AEMO
91DF GSOO Procedures
91DG Nature of GSOO Procedures
91DH Compliance with GSOO Procedures
Division 5—Fees and charges
91E AEMO fees and charges
Division 6—Information gathering
Subdivision 1—Market information orders and market information notices
91F Information gathering powers
91FA Making and publication of general market information order
91FB Service of market information notice
91FC Compliance with market information instrument
91FD Use of information
91FE Providing false or misleading information
Subdivision 2—STTM information
91FEA Obligation to give information to AEMO
91FEB Person cannot rely on duty of confidence to avoid compliance with obligation
91FEC Giving to AEMO false and misleading information
91FED Immunity of persons giving information to AEMO
Subdivision 3—Capacity auction information
91FEE Obligation to give information to AEMO
91FEF Person cannot rely on duty of confidence to avoid compliance with obligation
91FEG Giving to AEMO false and misleading information
91FEH Immunity of persons giving information to AEMO
Subdivision 4—Information used for a capacity auction
91FEI Giving false and misleading information used for capacity auctions
Subdivision 5—Declared wholesale gas market information
91FEJ Information required to be given to AEMO
91FEK Person cannot rely on duty of confidence to avoid compliance with obligation
91FEL Giving AEMO false or misleading information
91FEM Immunity of persons giving information to AEMO
Division 7—Protected information
Subdivision 1—AEMO's obligation to protect information
91G Protected information
Subdivision 2—Disclosure of protected information held by AEMO
91GA Authorised disclosure of protected information
91GB Disclosure with prior written consent
91GC Disclosure required or permitted by law etc
91GD Disclosure for purposes of court and tribunal proceedings
91GE Disclosure of document with omission of protected information
91GF Disclosure of non-identifying information
91GFA Disclosure of information in an aggregated form
91GG Disclosure of protected information for safety, proper operation of the market etc
91GH Disclosure of protected information authorised if detriment does not outweigh public benefit
Division 8—Obligation to make payments
91H Obligations under Rules or Procedures to make payments
Division 9—AEMO's statutory funds
91J Definitions
91JA AEMO's Rule funds
91JB Payments into and out of Rule funds
91JC Investment
Division 10—Immunity
91K Immunity from liability
91KA Supply interruption or disconnection in compliance with AEMO's direction
91KB Immunity in relation to use of computer software
91KC Immunity from liability—dispute resolution
Division 11—Other matters
91KD Disclosure of information for purpose of market trials
Part 7—Regulation of retail gas markets
Division 1—Registration
91L Retail gas markets
91LA Retail market participation
91LB Registration required for market participation
91LC Certificates of registration etc
Division 2—Retail Market Procedures
91M Retail Market Procedures
91MA Nature of Retail Market Procedures
91MB Compliance with Retail Market Procedures
Chapter 3—Regulatory framework for pipelines
Part 1—Scheme pipeline determinations and scheme pipeline elections
Division 1—Scheme pipeline determinations
92 AER may make scheme pipeline determination
93 Requirements for making, or not making, a scheme pipeline determination
94 Effect of scheme pipeline determination
Division 2—Scheme pipeline elections
95 Scheme pipeline elections
96 Effect of scheme pipeline elections
Part 2—Scheme pipeline revocation determinations
97 AER may make scheme pipeline revocation determination
98 Requirements for making, or not making, a scheme pipeline revocation determination
99 Effect of scheme pipeline revocation determination
Part 3—Greenfields incentive determinations and greenfields price protection determinations
Division 1—Greenfields incentive determinations
100 AER may make greenfields incentive determination
101 Requirements for making, or not making, a greenfields incentive determination
102 Effect of greenfields incentive determination
103 Requirement for conformity between pipeline description and pipeline as constructed
104 Power of AER to amend pipeline description
Division 2—Early termination of greenfields incentive determination
105 Greenfields incentive determination may lapse
106 Revocation by consent
107 Revocation for misrepresentation
108 Exhaustive provision for termination of greenfields incentive determination
Division 3—Greenfields price protection determinations
109 AER may make greenfields price protection determination
110 Requirements for making, or not making, a greenfields price protection determination
111 Effect of greenfields price protection determination
Part 4—Principles governing the making of particular determinations
112 Principles governing the making of particular determinations
Part 5—Access arrangements for scheme pipelines
Division 1—Submissions generally
113 Submission of access arrangement or revisions to applicable access arrangement
Division 2—Provisions relating to applicable access arrangements
114 Protection of certain pre-existing contractual rights
115 Service provider may enter into agreement for access different from applicable access arrangement
116 Applicable access arrangements continue to apply regardless of who provides pipeline service
Part 6—Classification and reclassification of pipelines
Division 1—Classification of pipelines
117 Application for classification of pipeline
Division 2—Reclassification of pipelines
118 Reclassification of pipelines
Division 3—Provisions relating to classification and reclassification decisions
119 Requirements for making classification or reclassification decisions
120 Effect of classification decision or reclassification decision
Part 7—AER reviews into designated pipelines
121 AER reviews
Chapter 4—General requirements for provision of pipeline services
Part A1—Preliminary
130 Application of this Chapter
Part 1—General duties for provision of pipeline services by pipelines
131 Service provider must be legal entity of a specified kind to provide pipeline services
133 Preventing or hindering access
135 Service provider must comply with queuing requirements
136 Compliance with pipeline interconnection principles
136A Prohibition against increasing charges to subsidise particular development
136B Prohibition on bundling of services
136C Service providers must publish prescribed transparency information
Part 2—Structural and operational separation requirements (ring fencing)
Division 1—Interpretation
137 Definitions
138 Meaning of marketing staff
Division 2—Minimum ring fencing requirements
139 Carrying on of related businesses prohibited
140 Marketing staff and the taking part in related businesses
141 Accounts that must be prepared, maintained and kept
Division 3—Additional ring fencing requirements
142 Division does not limit operation of Division 2
143 AER ring fencing determinations
144 AER to have regard to likely compliance costs of additional ring fencing requirements
145 Types of ring fencing requirements that may be specified in an AER ring fencing determination
Division 4—Associate contracts
147 Service provider must not enter into or give effect to associate contracts that have anti-competitive effect
148 Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule
Division 5—Exemptions from particular requirements
148AA Exemptions from section 147(c)
148A Exemptions from particular requirements
Part 3—Negotiation of access
148B Definition
148C Access proposals
148D Duty to negotiate in good faith
Part 4—AER reviews about application of this Chapter
148E AER reviews about application of this Chapter
Chapter 5—Access disputes
Part 1—Interpretation and application
149 Definitions
150 Application of this Chapter to disputes arising under the Rules
151 Chapter does not limit how disputes about access may be raised or dealt with
Part 2—Notice of access dispute and other provisions
Division 1—Notice of access dispute
152 Notice of access dispute
153 Withdrawal of notice
Division 2—Parties to an access dispute
154 Parties to an access dispute
Part 3—Alternative dispute resolution for access disputes
Division 1—Alternative dispute resolution for scheme pipeline access disputes
155 Dispute resolution body may require parties to engage in alternative dispute resolution
Division 2—Mediation of access disputes involving small shippers
156 Small shipper may elect to have access dispute mediated
157 Appointment of mediator
158 Party's lawyer may be present at mediation
Part 4—Arbitration of non‑scheme pipeline access disputes
159 Reference of non‑scheme pipeline access dispute to arbitration
160 Appointment of arbitrator
Part 5—Access determination
Division 1—Determination of access disputes generally
161 Determination of access dispute
162 Matters to be taken into account for access disputes
163 Restrictions on access determinations
164 Access determinations and part contributions of capital to fund installations or the construction of new facilities
Division 2—Particular provisions relating to scheme pipeline access disputes
165 Access determination must give effect to applicable access arrangement
166 Rules may allow determination that varies applicable access arrangement for installation of a new facility
Part 6—Variation of access determinations
167 Variation of access determination—scheme pipeline disputes
168 Variation of access determination—non‑scheme pipeline disputes
Part 7—Termination of access dispute
169 Relevant adjudicator may terminate access dispute in particular circumstances
Part 8—Compliance with access determinations
170 Compliance with access determination
171 Subsequent service providers bound by access determinations
Part 9—Access dispute hearing procedure
172 Part applies subject to any modifications prescribed by the Regulations
173 Fast track resolution process—scheme pipeline access disputes
174 Hearing to be in private
175 Right to representation
176 Procedure of relevant adjudicator
177 Particular powers of relevant adjudicator in a hearing
178 Role of a dispute resolution expert
179 Disclosure of information
180 Power to take evidence on oath or affirmation
181 Failing to attend as a witness
182 Failing to answer questions etc
183 Intimidation etc
184 Particular powers of a relevant adjudicator in a hearing
Part 10—Costs
Division 1—Scheme pipeline access disputes
185 Costs—scheme pipeline access disputes
186 Outstanding costs are a debt due to party awarded the costs—scheme pipelines
187 Regulations about the costs to be paid by parties to access dispute—scheme pipelines
Division 2—Non‑scheme pipeline disputes
188 Costs of arbitration of non‑scheme pipeline disputes
Division 3—Mediation of access disputes involving small shippers
189 Costs of mediation of access disputes involving small shippers
Part 11—Joint access dispute hearings—scheme pipeline disputes
190 Definition
191 Joint dispute hearing
192 Consulting the parties
193 Constitution and procedure of dispute resolution body for joint dispute hearings
194 Record of proceedings etc
Part 12—Miscellaneous matters
195 Correction of access determinations for clerical mistakes etc
196 User's existing capacity rights during an access dispute
Chapter 5A—Third‑party access obligations for non‑pipeline facilities
Part 1—Information transparency
197 Definitions
198 Information and transparency requirements relating to facilities
199 Publication of information relating to facilities
Part 2—Access to certain facilities
200 Definitions
201 Preventing or hindering access to relevant facilities
202 Terms and conditions must not discriminate
203 Duty to negotiate in good faith
204 Rules about ring fencing
Chapter 7—The Gas Bulletin Board
Part 1—AEMO to be Bulletin Board operator
217 AEMO to be Bulletin Board operator
218 AEMO's obligation to maintain Bulletin Board
219 AEMO's other functions as operator of Gas Bulletin Board
222 Fees for services provided
Part 2—Bulletin Board information
223 Obligation to give information to AEMO
224 Person cannot rely on duty of confidence to avoid compliance with obligation
225 Giving false or misleading information
226 Immunity of persons giving information to AEMO or AER
226A Provision of certain information to AER
Part 3—BB Procedures
227 BB Procedures
228 Nature of BB Procedures
228A Compliance with BB Procedures
Chapter 7A—Access to operational transportation services
Part 1—Standard terms for operational transportation services
228B Transportation service provider to publish standard OTSA
228C Formation of contracts on standard terms
228D Exemptions from obligations under section 228B or 228C
228E Requirements relating to standard OTSA
228F Service provider may enter into agreements different from a standard OTSA
Part 2—Operational Transportation Service Code
228G Operational Transportation Service Code
228H Nature of the Operational Transportation Service Code
Part 3—Other matters relating to access to operational transportation services
228I Service requirements may be specified in the Rules
228J When operational transfer must be offered
228K Preventing or hindering access to operational transportation services
228L Transportation service provider providing operational transportation services must not price discriminate
Chapter 8—Proceedings under the National Gas Law
Part 1—Proceedings generally
229 Instituting civil proceedings under this Law
230 Time limits within which proceedings may be instituted
Part 1A—Enforceable undertakings
230A Enforceable undertakings
Part 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures
231 AER proceedings for breaches of this Law, Regulations or the Rules that are not offences
232 Proceedings for declaration that a person has breached a conduct provision
233 Actions for damages by persons for breach of conduct provision
Part 3—Matters relating to breaches of this Law, the Regulations or the Rules
234 Matters for which there must be regard in determining amount of civil penalty
235 Breach of a civil penalty provision is not an offence
236 Breaches of civil penalty provisions involving continuing failure
237 Conduct in breach of more than 1 civil penalty provision
238 Persons involved in breach of civil penalty provision or conduct provision
239 Attempt to breach a civil penalty provision
240 Civil penalties payable to the Commonwealth
Part 4—Judicial review of decisions under this Law, the Regulations and the Rules
241 Definition
242 Applications for judicial review of decisions of the AEMC
243 Applications for judicial review of AEMO's decisions
Part 5—Merits review and other non-judicial review
Division 1—Interpretation
244 Definitions
Division 3—Tribunal review of information disclosure decisions
263 Application for review
264 Exclusion of public in certain cases
265 Determination in the review
266 Tribunal must be taken to have affirmed decision if decision not made within time
267 Assistance from AER or AEMO
Division 4—General
268 Costs in a review
269 Amount of costs
Part 5A—Dispute resolution under the Rules
270B Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels
270C Appeals on questions of law from decisions or determinations of Dispute resolution panels
Part 6—Enforcement of access determinations
271 Enforcement of access determinations
272 Consent injunctions
273 Interim injunctions
274 Factors relevant to granting a restraining injunction
275 Factors relevant to granting a mandatory injunction
276 Discharge or variation of injunction or other order
Part 7—Infringement notices
277 Power to serve notice
278 Form of notice
279 Infringement penalties
280 AER cannot institute proceedings while infringement notice on foot
281 Late payment of penalty
282 Withdrawal of notice
283 Refund of infringement penalty
284 Payment expiates breach of civil penalty provision
285 Payment not to have certain consequences
286 Conduct in breach of more than 1 civil penalty provision
Part 8—Further provision for corporate liability for breaches of this Law etc
287 Definition
288 Offences and breaches by corporations
289 Corporations also in breach if officers and employees are in breach
Chapter 9—The making of the National Gas Rules
Part 1—General
Division 1—Interpretation
290 Definitions
Division 2—Rule making tests
291 Application of national gas objective
292 AEMC must take into account form of regulation factors in certain cases
293 AEMC must take into account revenue and pricing principles in certain cases
293A AEMC must take into account innovative trial principles in certain cases
Part 2—Minister initiated National Gas Rules
Division 1—Initial Rules made by Minister
294 South Australian Minister to make initial National Gas Rules
294A South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law
294B South Australian Minister to make initial Rules related to AEMO's declared STTM functions
294C South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR
294CA South Australian Minister may make consequential Rules relating to rate of return instrument
294D South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions
294DA South Australian Minister to make initial Rules relating to the capacity reforms
294E South Australian Minister to make initial Rules relating to Energy Consumers Australia
294EA South Australian Minister to make initial Rules relating to regulatory sandboxing
294F South Australian Minister to make initial Rules relating to access to non‑scheme pipelines
294FA South Australian Minister to make initial Rules relating to enhanced market transparency
294FB South Australian Minister to make initial Rules relating to pipeline regulation
294FC South Australian Minister to make initial Rules relating to national gas objective
294FD South Australian Minister to make initial Rules relating to other gases
294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters
Division 2—Rules made by Minister from time to time
294G South Australian Minister may make Rules on recommendation of MCE and Energy Security Board
Part 3—Procedure for the making of a Rule by the AEMC
295 Initiation of making of a Rule
296 AEMC may make more preferable Rule in certain cases
297 AEMC may make Rules that are consequential to a Rule request
298 Content of requests for a Rule
299 Waiver of fee for Rule requests
300 Consolidation of 2 or more Rule requests
301 Initial consideration of request for Rule
302 AEMC may request further information from Rule proponent in certain cases
303 Notice of proposed Rule
304 Publication of non-controversial or urgent final Rule determination
304A Publication of final Rule determination for trial Rule
305 "Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review
306 Right to make written submissions and comments
307 AEMC may hold public hearings before draft Rule determination
308 Draft Rule determination
309 Right to make written submissions and comments in relation to draft Rule determination
310 Pre-final Rule determination hearing may be held
311 Final Rule determination
312 Proposal to make more preferable Rule
313 Making of Rule
314 Operation and commencement of Rule
314A Extension of trial Rule
314B AEMC may impose requirements on proponent of trial project on making trial Rule
314C AEMC may revoke trial Rule on recommendation of AER
314D Special provision for revocation of trial Rule
315 Rule that is made to be published on website and made available to the public
316 Evidence of the National Gas Rules
Part 4—Miscellaneous provisions relating to rule making by the AEMC
317 Extension of periods of time in Rule making procedure
318 AEMC may extend period of time for making of final Rule determination for further consultation
319 AEMC may publish written submissions and comments unless confidential
320 AEMC must publicly report on Rules not made within 12 months of public notification of requests
320A Subsequent rule making by AEMC
Chapter 10—General
Part 2—Handling of confidential information
Division 1—Disclosure of confidential information held by AER
324 Authorised disclosure of information given to the AER in confidence
325 Disclosure with prior written consent is authorised
326 Disclosure for purposes of court and tribunal proceedings and to accord natural justice
326A Disclosure of information to Energy Security Board
327 Disclosure of information given to the AER with confidential information omitted
328 Disclosure of information given in confidence does not identify anyone
328A Disclosure of information that has entered the public domain
328B Disclosure of information in an aggregated form
329 Disclosure of information authorised if detriment does not outweigh public benefit
Division 2—Disclosure of confidential information held by AEMC
330 Confidentiality of information
Part 3—Miscellaneous
332 Failure to make a decision under this Law or the Rules within time does not invalidate the decision
333 Withdrawal of applications relating to particular determinations or classification
335A Penalty privilege
335B Court may grant relief from liability
336 Savings and transitionals
Schedule 1—Subject matter for the National Gas Rules
Schedule 2—Miscellaneous provisions relating to interpretation
Part 1—Preliminary
1 Displacement of Schedule by contrary intention
Part 2—General
2 Law to be construed not to exceed legislative power of Legislature
3 Changes of drafting practice not to affect meaning
4 Material that is, and is not, part of Law
5 References to particular Acts and to enactments
6 References taken to be included in Act or Law citation etc
7 Interpretation best achieving Law's purpose
8 Use of extrinsic material in interpretation
9 Compliance with forms
Part 3—Terms and references
10 Definitions
11 Provisions relating to defined terms and gender and number
12 Meaning of may and must etc
13 Words and expressions used in statutory instruments
14 References to Minister
15 Production of records kept in computers etc
16 References to this jurisdiction to be implied
17 References to officers and holders of offices
18 Reference to certain provisions of Law
Part 4—Functions and powers
19 Performance of statutory functions
20 Power to make instrument or decision includes power to amend or repeal
21 Matters for which statutory instruments may make provision
22 Presumption of validity and power to make
23 Appointments may be made by name or office
24 Acting appointments
25 Powers of appointment imply certain incidental powers
26 Delegation
27 Exercise of powers between enactment and commencement
Part 5—Distance and time
28 Matters relating to distance and time
Part 6—Service of documents
29 Service of documents and meaning of service by post etc
30 Meaning of service by post etc
Part 7—Evidentiary matters
Division 1—Publication on websites
31 Definitions
32 Publication of decisions on websites
Division 2—Evidentiary certificates
33 Definitions
34 Evidentiary certificates—AER
35 Evidentiary certificates—AEMC
38 Evidentiary certificates—AEMO
Part 8—Commencement of this Law and statutory instruments
39 Time of commencement of this Law or a provision of this Law
40 Time of commencement of a Rule
Part 9—Effect of repeal, amendment or expiration
41 Time of Law, the Regulations or Rules ceasing to have effect
42 Repealed Law, Regulation or Rule provisions not revived
43 Saving of operation of repealed Law, Regulation or Rule provisions
44 Continuance of repealed provisions
45 Law and amending Acts to be read as one
Part 10—Offences under this Law
46 Penalty at foot of provision
47 Penalty other than at foot of provision
47A Indexation of civil penalty amounts
47B Indexation of criminal penalties
48 Indictable offences and summary offences
49 Double jeopardy
50 Aiding and abetting, attempts etc
Part 11—Instruments under this Law
51 Schedule applies to statutory instruments
51A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
52 National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
53 Invalid Rules
53A Invalid rate of return instrument
Schedule 3—Savings and transitionals
Part 1—General
1 Definitions
1A Words in particular provisions have meanings given by former section 2
2 Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation
Part 2—General savings provision
3 Saving of operation of old access law and Gas Code
Part 3—Classification and coverage of pipelines
4 Pending applications for the classification of pipelines lapse
5 Old scheme coverage determinations
6 Old scheme covered transmission pipelines
7 Old scheme covered distribution pipelines
8 Pending coverage applications under old scheme (before NCC recommendation)
9 Pending relevant Minister decisions in relation to coverage under old scheme
10 Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme
11 Pending old scheme coverage determinations where no applications for review under old scheme
12 Pending old scheme coverage determinations where applications for review under old scheme on foot
13 Pending old scheme no-coverage determinations where no applications for review under old scheme
14 Pending old scheme no-coverage determinations where applications for review under old scheme on foot
15 Pending coverage revocation applications under old scheme (before NCC recommendation)
16 Pending relevant Minister decisions in relation to coverage revocation under old scheme
17 Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme
18 Pending old scheme coverage revocation determinations where no applications for review under old scheme
19 Pending old scheme coverage revocation determinations where applications for review under old scheme on foot
20 Pending old scheme coverage non-revocation determinations where no applications for review under old scheme
21 Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot
22 Binding no-coverage determinations
23 Pending applications for binding no-coverage determinations (before NCC recommendation)
24 Pending relevant Minister decisions for binding no-coverage determinations under old scheme
25 Pending relevant Minister decisions in relation to binding no‑coverage determinations that are reviewed under old scheme
Part 4—Access arrangements
26 Current access arrangements (other than old scheme limited access arrangements)
27 Old scheme limited access arrangements
28 Access arrangements submitted but not approved or rejected before repeal of old scheme
29 Access arrangement revisions submitted but not approved or rejected before repeal of old scheme
30 Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements
31 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law
32 Limited access arrangements submitted but not approved before repeal of old scheme
33 Extensions and expansions policies
34 Queuing policies
Part 5—Price regulation exemptions
35 Old scheme price regulation exemptions
36 Pending applications for price regulation exemptions
37 Pending Commonwealth Minister decisions for price regulation exemptions
Part 6—Structural and operational separation (ring fencing)
38 Definitions
39 Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period
40 Existing waivers of ring fencing obligations
41 Additional ring fencing obligations
Part 7—Access disputes
42 Non-finalised access disputes
Part 8—Investigations and proceedings
43 Investigations into breaches and possible breaches of the old access law or Gas Code
44 AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator
45 AER may bring proceedings in relation to breaches of old access law and Gas Code
Part 9—Associate contracts
46 Pending associate contract approvals that are approved after commencement day
47 Pending associate contracts approvals that are not approved
48 Approved associate contracts
Part 10—Other
49 Pending and final tender approval requests lapse
50 Decisions approving final approval requests
51 Rights under certain change of law provisions in agreements or deeds not to be triggered
52 References to relevant Regulator in access arrangements
53 Old scheme classifications and scheme participant determinations
Part 11—Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators
Division 1—Preliminary
54 Definitions
Division 2—General provisions
55 Saving operation of superseded jurisdictional rules
56 Transitional provisions governing accrued and accruing rights, liabilities etc
57 Investigations
58 Proceedings for breach of superseded jurisdictional rules
59 Dispute resolution
60 Registered participants
61 Instruments made by former gas market operators
62 Rule change proposals
63 Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure
64 Natural Gas Services Bulletin Board
65 Publication of notices etc
66 Rights under change of law provisions not to be triggered by amendments to this Law etc
Division 3—Transfer of assets and liabilities of GMC and AEMO T
67 Transfer of assets and liabilities
68 Transfer of AEMO T's assets and liabilities
69 Effect of relevant transfer order
70 Continued effect of certain acts by GMC or AEMO T
71 Continuation of proceedings
72 Validity and effect of things done under this Division
73 Evidence of transfer
74 Obsolete references
Division 4—Acceptance of transfer from former gas market operators and AEMO T
75 Parties to transfer must do anything necessary to perfect transfer
76Corporations Act displacement
Division 5—Fees and charges
77 AEMO's fees and charges
78 Establishment expenditure
79 Expenditure on gas statement of opportunities
Division 6—Information
80 Transferred information
81 Calculations
Division 7—Deferral of relevant legislative innovations in Queensland
82 Queensland Minister's power to defer commencement of relevant legislative innovations
Division 8—Special transitional provisions for South Australia
83 Definitions
84 Transitional contracts
85 Contractual provisions for dispute resolution
86 Risk allocation
Part 12—Transitional provision related to short term trading markets
87 Initial STTM Procedures
Part 13—Application of National Energy Retail Law amendments
88 Application of National Energy Retail Law amendments
Part 14—Information publication
89 Information publication
Part 15—Transitional provision related to AEMC rule making powers
90 AEMC rule making powers
Part 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments
91 Immunity from liability—implementation or use of standard market timetable
92 Immunity from liability—supply of capacity through capacity auctions
93 Immunity for giving effect to the auction priority principles
94 Transitional regulations
Part 17—Transitional provisions for rate of return instrument
95 Definitions
96 Making first rate of return instrument if review not completed before commencement
97 Making first rate of return instrument if review completed before commencement
98 Application of this Law to particular decisions
Part 18—Savings and transitional provisions related to Ministerial Council on Energy amendments
99 Definitions
100 References to Ministerial Council on Energy
101 Rights under certain change of law provisions in agreements or deeds not to be triggered
102 Rights under contracts etc
103 Saving of decisions etc
Part 19—Transitional provisions related to pipeline regulation amendments
Division 1—Preliminary
104 Definitions
Division 2—Regulation and classification of pipelines
Subdivision 1—Covered pipelines generally
105 Particular covered pipelines deemed to be scheme pipelines
Subdivision 2—Provisions for tender approval pipelines
106 Particular tender approval pipelines become scheme pipelines
107 When particular scheme pipelines become non‑scheme pipelines
Subdivision 3—Provisions for voluntary access arrangement pipelines
108 Particular voluntary access arrangement pipelines become scheme pipelines
109 When particular scheme pipelines become non‑scheme pipelines
Subdivision 4—Classification of pipelines
110 Classification under pre-amended Law continues in effect
111 Pipelines not classified under pre-amended Law or jurisdictional gas legislation
112 Notice to be given about classification of particular pipelines
Division 3—Pending matters under Chapter 3 of pre-amended Law
113 Pending applications under Chapter 3 of pre-amended Law
114 Recommendation-making process under Chapter 3 of pre-amended Law
115 Decision-making process under Chapter 3 of pre-amended Law
Division 4—Provisions for limited access arrangements
116 Limited access arrangements
117 Submission of limited access arrangement
Division 5—Provisions for 15-year no-coverage determinations
Subdivision 1—General provisions
118 15-year no-coverage determinations deemed to be greenfields incentive determinations
119 Exemption for pipelines to which a 15‑year no-coverage determination applied
120 Pending applications for 15‑year no-coverage determinations under pre-amended Law
Subdivision 2—Price regulation exemptions
121 Pending applications for price regulation exemption
122 Making of recommendations for price regulation exemptions
123 Granting of price regulation exemptions
124 Price regulation exemptions deemed to be greenfields incentive determinations
Division 6—Access disputes
125 Access disputes started under pre-amended Law
Division 7—Miscellaneous provisions
126 Service provider for non‑scheme pipeline not required to comply with section 131
127 Exemptions from minimum ring fencing requirements
128 Delayed commencement of ring fencing requirements for non‑scheme pipelines
129 Provision for Goldfields Gas Pipeline
130 Provision for Northern Gas Pipeline
131 Pending applications under Rules for approval of tender process
132 Decision-making process under Rules for approval of tender process
Part 20—Transitional provisions related to national gas objective amendments
133 Definitions
134 When amended objective takes effect for particular matters
135 Application of national gas objective to particular matters in progress on start day
136 Administrative guidance for decisions under clause 135(3)
137 Administrative guidance about value of greenhouse gas emissions
138 Validation of things done in relation to Rules before commencement
Part 21—Transitional provisions related to other gas amendments
Division 1—Preliminary
139 Definitions
Division 2—Gas Bulletin Board
140 Gas Bulletin Board
141 References to Natural Gas Services Bulletin Board
Division 3—Other matters
142 Greenfields incentive determinations
143 Greenfields price protection determinations
144 Information transparency rules
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the National Gas (South Australia) Act 2008.
3—Interpretation
In this Act—
National Gas (South Australia) Law means the provisions applying because of section 7 of this Act;
National Gas (South Australia) Regulations means the provisions applying because of section 8 of this Act.
Words and expressions used in the National Gas (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law.
This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
4—Crown to be bound
This Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5—Application to coastal waters
This Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.
In this section—
adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (South Australia) Law (as defined in section 9(1) of this Act);
coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.
6—Extra‑territorial operation
It is the intention of the Parliament that this Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.
Part 2—National Gas (South Australia) Law and National Gas (South Australia) Regulations
7—Application of National Gas Law
The National Gas Law set out in the Schedule to this Act, as in force for the time being—
(a)applies as a law of South Australia; and
(b)as so applying may be referred to as the National Gas (South Australia) Law.
Note—
This section has effect to the extent to which the provisions of the Schedule have come into operation—see section 2(2).
8—Application of regulations under National Gas Law
The regulations in force for the time being under Part 3 of this Act—
(a)apply as regulations in force for the purposes of the National Gas (South Australia) Law; and
(b)as so applying may be referred to as the National Gas (South Australia) Regulations.
9—Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations
In the National Gas (South Australia) Law and the National Gas (South Australia) Regulations—
adjacent area of another participating jurisdiction means the offshore area of a State other than this State or of the Northern Territory within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;
adjacent area of this jurisdiction means the offshore area of the State within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;
Court means the Supreme Court of South Australia;
designated Minister means the Minister to whom the administration of this Act has been committed;
Legislature of this jurisdiction means the Parliament of South Australia;
National Gas Law or this Law means the National Gas (South Australia) Law;
this jurisdiction means the State of South Australia.
The Legislation Interpretation Act 2021 does not apply to the National Gas (South Australia) Law or the National Gas (South Australia) Regulations.
Part 3—Making of regulations and rules under National Gas Law
10—Definitions
In this Part—
National Gas Law means the National Gas Law set out in the Schedule to this Act as in force for the time being.
11—General regulation‑making power for National Gas Law
The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Gas Law.
Without limiting subsection (1), the regulations may prescribe fees in respect of any matter under the National Gas Law, and provide for the waiver or refund of such fees.
Regulations under this Part may—
(a)be of general or limited application;
(b)vary according to the persons, times, places or circumstances to which they are expressed to apply;
(c)in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors.
Once the Governor has made a regulation prescribing 1 or more pipelines to be designated pipelines for the purposes of the definition of designated pipeline in section 2 of the National Gas Law, the Governor cannot make another regulation that prescribes any other pipeline to be a designated pipeline.
Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.
Section 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part.
12—Specific regulation‑making power
Without limiting the generality of section 11, the regulations may deal with matters of a transitional nature—
(a)relating to the transition from the application of provisions of the old access law or the Gas Code to the application of provisions of the National Gas Law; or
(b)on account of any amendments made from time to time to the National Gas Law.
Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection.
(2a)Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment.
If a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as—
(a)to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) existing before the date of making of those regulations; or
(b)to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations.
In this section—
Gas Code means the National Third Party Access Code for Natural Gas Pipelines Systems set out in Schedule 2 of the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section;
matters of a transitional nature includes matters of an application or savings nature;
National Gas Law means the National Gas Law set out in the Schedule to this Act as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section;
old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section.
13—Making of rules
TheLegislative Instruments Act 1978 does not apply to Rules made under the National Gas Law.
Part 4—Cross vesting of powers
14—Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State
The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.
In this section—
Commonwealth bodies means either of the following:
(a)the AER;
(b)the Tribunal.
15—Conferral of powers on Ministers of participating States and Territories to act in this State
The Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.
16—Conferral of functions or powers on State Minister
If the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—
(a)may perform that function or exercise that power; and
(b)may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.
Part 5—General
17—Exemption from taxes
Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to—
(a)an exempt matter; or
(b)anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.
In this section—
exempt matter means a transfer of assets or liabilities—
(a)that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling a covered gas, processable gas or biogas in breach of any ring fencing requirements of any national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and
(b)that the Minister and the Treasurer declare from time to time by notice in the Gazette to be an exempt matter for the purposes of this section.
19—Conferral of functions and powers on Commonwealth bodies
(1)Clause 2 of Schedule 2 to the National Gas (South Australia) Law has effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Gas (South Australia) Law.
(2)Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.
20—Freedom of information
The following are exempt agencies for the purposes of the Freedom of Information Act 1991:
(a)AEMO;
(b)an agent of AEMO with respect to functions performed under the Rules or the Procedures.
21—Role of AEMO
The Minister may, by notice in the Gazette—
(a)fix 2 dates for the purposes of the definition of changeover date in section 2 of the National Gas (South Australia) Law;
(b)specify which changeover date is the relevant changeover date for the purposes of specified provisions of the National Gas (South Australia) Law.
In relation to the operation of section 91A(1) of the National Gas (South Australia) Law—
(a)paragraphs (h) and (i) of subsection (1) will apply to, and in relation to, South Australia from the first changeover date fixed by the Minister; and
(b)paragraphs (b) and (g) of subsection (1) will also apply to, and in relation to, South Australia from the first changeover date, but, until the second changeover date, those paragraphs will only apply to the extent to which the performance of the relevant functions by AEMO is not inconsistent with the performance of functions by REMCo under a law of the State; and
(c)paragraphs (a), (c), (d), (e), (j), (k) and (l) of subsection (1) will apply to, and in relation to, South Australia from the second changeover date.
Note—
Subsection (2)(b), insofar as it applies to section 91A(1)(g) of the National Gas (South Australia) Law, is intended to ensure that any changes to the Procedures made by AEMO before the second changeover date that relate to retail market procedures do not apply to, or in relation to, South Australia until on or after the second changeover date.
In this section—
REMCo means the Retail Energy Market Company Limited (ACN 103 318 556).
22—Ministerial power to suspend operation of 2009 Amendment Act
In this section—
2009 (AEMO) Amendment Act means the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009.
The Minister may, by notice in the Gazette, suspend the operation in South Australia of a provision to be inserted into the National Gas Law by the 2009 (AEMO) Amendment Act, as it applies as a law of South Australia under section 7(a) of this Act—
(a)until a specified day; or
(b)until a day to be specified by the Minister by subsequent notice in the Gazette.
A notice under subsection (2)—
(a)will have effect in accordance with its terms; and
(b)will have effect for the purposes of the operation of the National Gas (South Australia) Law but not as to affect the application, force or effect of the National Gas Law in any other way.
For the purposes of subsection (2), a reference to a provision to be inserted into the National Gas Law extends to a part of a provision.
23—Application of provisions relating to short term trading markets
Division 2A of Part 6 of Chapter 2 of the National Gas (South Australia) Law applies to, and in relation to, South Australia.
24—Regulation‑making power for the purposes of the National Gas (South Australia) Law
The Governor may make such regulations as are contemplated by the National Gas (South Australia) Law as being made under this Act as the application Act of this jurisdiction.
Part 6—Validation of instruments and decisions of AER
25—Validation of instruments and decisions made by AER
This section applies to an instrument or decision made by the AER if—
(a)the instrument or decision was made—
(i)on or after the time that the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 were enacted;
(ii)before the time (the application time) that the amendments started to apply under this Act as a law of South Australia; and
(b)had the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law):
(i)the National Gas (South Australia) Law;
(ii)the National Gas (South Australia) Regulations;
(iii)this Act;
(iv)an instrument made or having effect under this Act; and
(c)in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
For the purposes of the authorising law—
(a)the instrument or decision is taken to be valid; and
(b)the instrument or decision had effect from the application time—
(i)as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii)subject to that law as so applying.
For the purposes of this section—
(a)guidelines are an example of an instrument; and
(b)the following are examples of decisions:
(i)appointments;
(ii)determinations;
(iii)approvals.
26—AER—authorisation of preparatory steps
This section applies if—
(a)the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):
(i)the National Gas (South Australia) Law;
(ii)the National Gas (South Australia) Regulations;
(iii)this Act;
(iv)an instrument made or having effect under this Act; and
(b)the preparatory step would have been required under the authorising law if the amendments of the National Gas Law made by the Statutes Amendment (National Energy Retail Law) Act 2011 had started to apply under this Act as a law of South Australia; and
(c)the AER takes the preparatory step—
(i)on or after the time that the amendments were enacted; but
(ii)before the time that the amendments started to apply under this Act as a law of South Australia.
For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Schedule—National Gas Law
Chapter 1—Preliminary
Part 1—Citation and interpretation
1—Citation
This law may be cited as the National Gas Law.
2—Definitions
In this Law—
ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;
access arrangement means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a scheme pipeline;
access determination means a determination of the relevant adjudicator for an access dispute under Chapter 5 Part 5 and includes a determination varied under Part 6 of that Chapter;
access dispute means a dispute between a user or prospective user and a service provider about 1 or more aspects of access to a pipeline service provided by means of a pipeline and includes a matter that is deemed to be an access dispute under the Rules;
adoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions;
AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;
AEMO amendments means—
(a)the amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009; and
(b)the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009; and
(c)the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);
AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;
AER Compliance Procedures and Guidelines has the meaning given by section 64F;
AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;
AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider—
(a)by means of; or
(b)in connection with,
a pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to—
(c)the preparation of a service provider performance report;
(d)a ring fencing decision;
(e)an applicable access arrangement decision;
(f)an access determination (if the AER is the dispute resolution body);
Note—
The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q(2).
AER gas price reporting functions means the functions of the AER performed under section 27(1)(fa);
AER ring fencing determination means a determination of the AER under section 143(1);
AER trial waiver functions means the functions conferred on the AER under Chapter 2 Part 1 Division 1B;
AER wholesale market monitoring functions—the AER wholesale market monitoring functions are set out in section 30AC(1);
AER wholesale market reporting functions—the AER wholesale market reporting functions are set out in section 30AC(2);
annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;
applicable access arrangement means an access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied—
(a)under the Rules; or
(b)by an access determination as provided by this Law or the Rules;
applicable access arrangement decision means a decision of the AER under the Rules that—
(a)approves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or
(b)makes an access arrangement—
(i)in place of an access arrangement the AER does not approve in that decision; or
(ii)because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or
(c)makes revisions to an access arrangement—
(i)in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or
(ii)because a scheme pipeline service provider does not submit revisions to the AER under section 113;
application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;
approved associate contract means an associate contract approved by the AER under an associate contract decision;
associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act;
associate contract means—
(a)a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or
(b)a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service—
(i)that provides a direct or indirect benefit to an associate; and
(ii)that is not at arm's length;
associate contract decision means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 4;
associate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies;
Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
bilateral trading agreement, for Chapter 2 Part 1 Division 1AA—see section 30AA;
BB Procedures means Procedures directed at regulating the Gas Bulletin Board;
biogas means a gas derived or recovered from organic matter other than fossilised organic matter;
biomethane means a substance—
(a)that is in a gaseous state at standard temperature and pressure; and
(b)the principal constituent of which is methane; and
(c)that is produced by refining biogas; and
(d)that is suitable for consumption;
blend processing facility means a facility for 1, or more, of the following:
(a)the blending of 1 or more primary gases, with or without other substances, for injection into a pipeline;
(b)the separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as—
(i)a primary gas; or
(ii)a gas blend;
blend processing service means a service provided by means of a blend processing facility;
blend processing service provider means a person who owns, operates or controls a blend processing facility;
Bulletin Board information means information that—
(a)a person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or
(b)a person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules;
capacity auction means an auction conducted by AEMO through which a person may buy transportation capacity;
capacity auction agreement means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties;
capacity auction functions of AEMO are set out in section 91BRM(1);
capacity auction information means information that––
(a)a person gives to AEMO, to comply with section 91FEE(1); or
(b)a person gives, in circumstances expressly required or permitted by the Procedures or Rules—
(i)to AEMO in its capacity as operator of a capacity auction in which the person participates; or
(ii)to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;
capacity auction participant means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement;
Capacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements;
changeover date means—
(a)a date fixed by or under legislation of a participating jurisdiction for AEMO's assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or
(b)a date fixed by Ministerial Gazette notice as the changeover date;
Note—
The changeover date may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO's assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates.
charge, in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user;
civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding;
civil penalty—see section 3A;
civil penalty provision has the meaning given by section 3;
classification decision means a decision of the AER under Chapter 3 Part 6 Division 1;
commission, in relation to a pipeline, has the meaning given by section 12;
Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth;
compression service facility means—
(a)a designated compression service facility; or
(b)any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than—
(i)a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or
(ii)anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;
compression service provider means a person who owns, controls or operates a compression service facility;
conduct provision has the meaning given by section 4;
constituent components, in relation to a designated regulatory decision, means the matters that constitute the elements or components of the designated regulatory decision and on which that designated regulatory decision is based and includes—
(a)matters that go to the making of the designated regulatory decision; and
(b)decisions made by the AER for the purposes of the designated regulatory decision;
covered gas means the following:
(a)a primary gas;
(b)a gas blend;
covered gas industry includes—
(a)activities and transactions relating to the following:
(i)processable gas;
(ii)biogas;
(iii)covered gas, including liquefied natural gas, and covered gas services;
(iv)covered gas industry facilities;
(v)services provided by means of covered gas industry facilities; and
(b)activities and transactions relating to petroleum tenements; and
(c)any other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition;
covered gas industry facility means the following:
(a)a blend processing facility;
(b)a compression service facility;
(c)a gas processing plant;
(d)an LNG facility;
(e)a pipeline;
(f)a storage facility;
(g)a user facility;
(h)another facility of a type specified by the Regulations for the purpose of this definition;
covered gas service means the following:
(a)a pipeline service;
(b)the supply of covered gas;
(c)a service ancillary to the service described in paragraph (b);
declared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;
declared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;
declared system functions—AEMO's declared system functions are as set out in section 91BA(1);
declared system provisions means—
(a)Chapter 2 Part 6 Division 2; and
(b)the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2;
declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;
declared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction;
designated compression service facility means a facility or part of a facility for compressing covered gas prescribed by the Regulations as a designated compression service facility;
designated pipeline means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline and includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18;
Note—
A designated pipeline is a scheme pipeline. See the definition of scheme pipeline.
designated regulatory decision means an applicable access arrangement decision (other than a decision that does not approve an access arrangement), or a decision prescribed by the Regulations to be a designated regulatory decision;
developable capacity means the difference between the current capacity of a pipeline and the capacity of a pipeline which would be available if a new facility was constructed, but does not include any new capacity of a pipeline resulting from an extension to the geographic range of a pipeline;
dispute resolution body means the AER;
Note—
In Western Australia, under the National Gas Access (WA) Act 2009 of Western Australia, section 9, the dispute resolution body generally is the entity known as the Western Australian Energy Disputes Arbitrator.
Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute;
distribution pipeline means a pipeline that—
(a)is classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or
(b)if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline,
and includes a pipeline that is reclassified by the AER as a distribution pipeline;
Note—
See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19.
distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a scheme pipeline that is a distribution pipeline;
draft Rule determination means a determination of the AEMC under section 308;
east coast gas system means the following, located wholly or partly within an east coast jurisdiction:
(a)a covered gas industry facility;
(b)a regulated gas market;
(c)a gas trading exchange for which AEMO has established a gas trading exchange agreement;
(d)a system, market or other thing specified by the Rules;
east coast gas system direction, for Part 6 Division 1A—see section 91AF(1);
East Coast Gas System Procedures, for Part 6 Division 1A—see section 91AD(1)(h);
east coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD;
east coast jurisdiction means a participating jurisdiction other than Western Australia;
ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;
effective competition, for Chapter 2 Part 1 Division 1AA—see section 30AB;
end user means a person who acquires covered gas for consumption purposes, and includes a retail customer;
Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;
energy ombudsman has the same meaning as in the National Energy Retail Law;
Energy Security Board means the Energy Security Board referred to in section 2(1) of the NEL;
ERA means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia;
excluded infrastructure, in relation to a pipeline, means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by the Rules as excluded infrastructure for the purposes of this Law;
exempted participant means a person exempted from registration as a Registered participant;
extension and expansion requirements means—
(a)the requirements contained in an access arrangement that, in accordance with the Rules, specify—
(i)the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and
(ii)whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and
(iii)whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and
(b)any other requirements specified by the Rules as extension and expansion requirements;
Note—
See also sections 18 and 19.
final Rule determination means a determination of the AEMC under section 311;
financial risk management product, for Chapter 2 Part 1 Division 1AA—see section 30AA;
foreign company has the same meaning as in the Corporations Act 2001 of the Commonwealth;
foreign source means—
(a)a source beyond the outer limits of all of the following:
(i)the adjacent area of this jurisdiction;
(ii)the adjacent area of another participating jurisdiction; or
(b)a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth);
former gas market operator means any of the following:
(a)VENCorp;
(b)Gas Market Company Limited (ACN 095 400 258);
(c)in relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556);
(d)the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld);
form of regulation factors has the meaning given by section 16;
gas blend means primary gases that have been blended together;
Gas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry;
Gas Code means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;
gas contract, for Chapter 2 Part 1 Division 1AA—see section 30AA;
gas powered generator means the owner, controller or operator of a generating system, within the meaning of the National Electricity Rules, that is powered by covered gas;
gas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4;
gas trading exchange means a facility through which persons may elect to buy and sell covered gas or related goods or services, including a pipeline capacity right;
gas trading exchange agreement means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties;
gas trading exchange functions—AEMO's gas trading exchange functions are as set out in section 91BRK;
gas trading exchange member means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement;
general market information order means an order under section 91F(1)(a) requiring information from persons of a class specified in the order;
general regulatory information order has the meaning given by section 45;
greenfields incentive determination has the meaning given by section 100;
greenfields pipeline project means a project for the construction of—
(a)a pipeline that is to be structurally separate from any existing pipeline; or
(b)a major extension to an existing pipeline;
greenfields price protection determination has the meaning given by section 109;
GSOO information means information that—
(a)a person gives to AEMO to comply with section 91DB; or
(b)a person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules;
GSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities;
GTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013;
haulage, in relation to covered gas, includes conveyance or reticulation of covered gas;
initial National Gas Procedures means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009;
initial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2;
initial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA;
innovative trial principles—see section 24A;
jurisdictional gas legislation means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction;
jurisdictional regulator means—
(a)for New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales;
(b)for Victoria—the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria;
(c)for Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;
(d)for South Australia—the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia;
(e)for Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania;
(f)for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory;
(g)any other person or body—
(i)to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or
(ii)that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;
listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;
LNG facility means a facility for the processing of natural gas from a gaseous to a liquefied state or from a liquefied to a gaseous state;
LNG service provider means a person who owns, controls or operates an LNG facility;
local regulation means the regulations under the application Act of a participating jurisdiction;
market information instrument means a general market information order or a market information notice;
market information notice means a notice under section 91F(1)(b) requiring information from the person to whom the notice is addressed;
market operator service means a service classified under the Rules as a market operator service;
MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:
(a)1 Minister from the Commonwealth;
(b)1 Minister from each State (totalling 6 Ministers);
(c)1 Minister from each Territory (totalling 2 Ministers),
acting in accordance with its own procedures;
MCE directed review means a review conducted by the AEMC under Chapter 2 Part 2 Division 4;
MCE statement of policy principles means a statement of policy principles issued by the MCE under section 25;
minimum ring fencing requirement means a requirement under Chapter 4 Part 2 Division 2;
Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;
Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22;
National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;
National Electricity Rules has the same meaning as in the National Electricity Law;
National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;
National Energy Retail Rules has the same meaning as in the National Electricity Law;
national gas legislation means—
(a)the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and
(b)the National Gas (South Australia) Law; and
(c)the National Gas Access (WA) Act 2009 of Western Australia; and
(d)the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and
(e)Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and
(f)an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of—
(i)the Regulations referred to in paragraph (a); or
(ii)the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and
(g)the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and
(h)the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);
national gas objective means the objective set out in section 23;
National Gas Procedures or Procedures means—
(a)the initial National Gas Procedures; and
(b)Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO;
National Gas Rules or Rules means—
(a)the initial National Gas Rules; and
(ab)Rules made under Chapter 9 Part 2 Division 2; and
(b)Rules made by the AEMC under this Law, including Rules that amend or revoke—
(i)the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2; or
(ii)Rules made by it;
natural gas means a substance that—
(a)is in a gaseous state at standard temperature and pressure; and
(b)consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and
(c)is suitable for consumption;
new facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline—
(a)in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or
(b)under this Law;
Note—
See also sections 18 and 19.
non‑scheme pipeline means a pipeline other than a scheme pipeline;
non‑scheme pipeline access dispute means an access dispute that involves a non‑scheme pipeline;
offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;
officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;
old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;
old scheme classification or determination means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law;
old scheme distribution pipeline means a pipeline that was, at any time before the repeal of the old access law—
(a)a distribution pipeline as defined in that law; and
(b)a covered pipeline as defined in the Gas Code;
old scheme transmission pipeline means a pipeline that was, at any time before the repeal of the old access law—
(a)a transmission pipeline as defined in that law; and
(b)a covered pipeline as defined in the Gas Code;
operational transportation service means—
(a)a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and
(b)a service ancillary to the provision of a service referred to in paragraph (a);
operational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for—
(a)the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means—
(i)a capacity auction; or
(ii)a gas trading exchange; or
(iii)any other means provided for in the agreement; and
(b)the terms and conditions applicable to the use of that transportation capacity;
Operational Transportation Service Code has the meaning given by section 228H;
operative period, for a greenfields incentive determination, has the meaning given by section 102(2);
participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 21;
petroleum includes any naturally occurring hydrocarbon, mixture of hydrocarbons or mixture of hydrocarbons and non‑hydrocarbons, whether in gaseous, liquid or solid state;
petroleum tenement means a right granted under law to explore for, extract, recover or process petroleum;
pipeline means—
(a)a pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or
(b)a proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or
(c)a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b),
but does not include—
(d)unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or
(e)if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or
(f)a gathering system operated as part of an upstream producing operation for processable gas; or
(g)any tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or
(h)anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;
(i)in relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline;
Note—
See also sections 18 and 19.
pipeline capacity right means a right under a contract with a service provider to be provided with a pipeline service, by means of a pipeline, for a given quantity of covered gas over a given period of time;
pipeline classification criterion has the meaning given by section 13;
pipeline interconnection principles has the meaning given by section 136;
pipeline reliability standard means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of covered gas in that jurisdiction;
pipeline safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—
(a)the safe haulage of covered gas in that jurisdiction; or
(b)the safe operation of a pipeline in that jurisdiction;
pipeline service means—
(a)a service provided by means of a pipeline, including—
(i)a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and
(ii)a service providing for, or facilitating, the interconnection of pipelines; or
(b)a service ancillary to the provision of a service referred to in paragraph (a),
but does not include—
(c)the production of a primary gas, a processable gas or biogas; or
(d)the sale or purchase of a covered gas, a processable gas or biogas; or
(e)a blend processing service;
pipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed—
(a)by or under jurisdictional gas legislation; or
(b)by the AER—
(i)under an access arrangement decision; or
(ii)in accordance with the Rules;
price information order has the meaning given by section 46A;
primary gas means the following:
(a)natural gas;
(b)hydrogen;
(c)biomethane;
(d)synthetic methane;
(e)a substance prescribed by the Regulations for the purpose of this definition;
(f)a substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction;
prescribed transparency information has the meaning given by section 136C;
processable gas means a substance that—
(a)is in a gaseous state at standard temperature and pressure; and
(b)consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;
producer means a person who carries on a business of producing 1 or more primary gases;
prospective user has the meaning given by section 5;
protected information has the meaning given by section 91G;
queuing requirements means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity;
rate of return instrument—see section 30D(2);
reclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2;
reference service means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service;
reference tariff means a tariff or charge for a reference service—
(a)specified in an applicable access arrangement approved or made under an access arrangement decision; or
(b)determined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision;
Registered participant means a person registered as such by AEMO under this Law (section 91BJ, section 91BRD or section 91LB) and the Rules, but does not include a transportation service provider registered under section 91BRR;
regulated gas market means—
(a)a declared wholesale gas market; or
(ab)a short term trading market; or
(b)a regulated retail gas market;
regulated retail gas market has the meaning given by section 91L(2);
Regulations means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction;
regulatory information instrument means—
(a)a general regulatory information order; or
(b)a regulatory information notice; or
(c)a price information order;
regulatory information notice has the meaning given by section 46;
regulatory obligation or requirement has the meaning given by section 6;
regulatory payment has the meaning given by section 7;
relevant adjudicator means—
(a)for a scheme pipeline access dispute—the dispute resolution body; or
(b)for a non‑scheme pipeline access dispute—the arbitrator for the dispute;
relevant agreement, for Chapter 2 Part 1 Division 1AA—see section 30AA;
relevant entity, for Part 6 Division 1A—see section 91AF(8);
relevant Regulator has the same meaning as in section 2 of the old access law;
REMCo means the Retail Energy Market Company Limited (ACN 103 318 556);
retail customer means a person to whom covered gas is sold for premises by a retailer;
retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas;
retail gas market has the meaning given by section 91L(1);
Retail Market Procedures means Procedures directed at regulating a retail gas market;
revenue and pricing principles, in relation to a pipeline service provided by means of a scheme pipeline, means the principles set out in section 24;
ring fencing decision means—
(a)an AER ring fencing determination; or
(b)a decision granting or not granting an exemption under Rules made under section 148A; or
(c)an associate contract decision;
rule dispute means a dispute for the resolution of which provision is made in the Rules;
scheme pipeline means—
(a)a pipeline to which a scheme pipeline determination applies; or
(b)a designated pipeline; or
(c)a pipeline in respect of which a scheme pipeline election takes effect;
Note—
However, see section 99 in relation to when a pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline.
scheme pipeline access dispute means an access dispute that involves a scheme pipeline;
scheme pipeline determination has the meaning given by section 92(1);
scheme pipeline election has the meaning given by section 95;
scheme pipeline revocation determination means a determination made under section 97(1);
scheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline;
service provider has the meaning given by section 8;
service provider performance report means a report prepared by the AER under section 64;
short term trading market means a market for the supply of covered gas that—
(a)operates in an adoptive jurisdiction; and
(b)is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction;
Note—
There may be more than 1 short term trading market of an adoptive jurisdiction.
small shipper has the meaning given by section 8AB;
South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia;
spare capacity means unutilised capacity of a pipeline;
standard gas day means the 24 hour period starting at the time specified in the standard market timetable;
standard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B;
standard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time;
statutory functions, in relation to AEMO, means functions or powers conferred under—
(a)this Law, the Rules or the Procedures; or
(b)the National Electricity Law or the National Electricity Rules;
storage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating;
storage provider means any person who owns, controls or operates a storage facility;
STTM amendments means—
(a)the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and
(b)the amendments to the Rules made under section 294B; and
(c)the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);
STTM functions—AEMO's STTM functions are as set out in section 91BRB;
STTM hub means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates;
STTM information means information that—
(a)a person gives to AEMO, to comply with section 91FEA(1); or
(b)a person gives, in circumstances expressly required or permitted by the Procedures or Rules—
(i)to AEMO in its capacity as operator of a short term trading market in which the person participates;
(ii)to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;
STTM Procedures means Procedures directed at regulating a short term trading market;
STTM trading participant means a person referred to in section 91BRC;
superseded jurisdictional rules means—
(a)legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that—
(i)was in force immediately before the relevant changeover date; and
(ii)is superseded by the AEMO amendments; and
(b)rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and
(c)a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction—
(i)in force immediately before the relevant changeover date; and
(ii)superseded by the AEMO amendments; and
(d)a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction—
(i)made or issued by the jurisdictional regulator; and
(ii)in force immediately before the relevant changeover date; and
(iii)superseded by the AEMO amendments;
Examples—
1The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic).
2The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW).
3The Gas Market Retail Rules (Qld).
4The Retail Market Rules (SA).
supply includes—
(a)in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and
(b)in relation to services—provide, grant or confer;
synthetic methane means a substance—
(a)that is in a gaseous state at standard temperature and pressure; and
(b)the principal constituent of which is methane; and
(c)that is produced by the methanation of carbon dioxide; and
(d)that is suitable for consumption;
tariff means a rate by which a charge for a pipeline service is calculated;
Territory means the Australian Capital Territory or the Northern Territory;
trader means a person who—
(a)buys or sells covered gas; and
(b)in doing so is not acting in some other registrable capacity; and
(c)where the person is the purchaser of covered gas, is not buying the covered gas for the purchaser's own use;
transaction support arrangements means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction;
transfer, in relation to transportation capacity, includes a reduction in a person's right to the transportation capacity and a corresponding increase in another person's right to transportation capacity, whether or not on the same terms and conditions;
transmission pipeline means a pipeline that—
(a)is classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or
(b)if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline,
and includes a pipeline that is reclassified by the AER as a transmission pipeline;
Note—
See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19.
transportation capacity means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of covered gas over a given period of time;
transportation facility means—
(a)a pipeline; or
(b)a compression service facility; or
(c)another facility of a type specified by the Regulations for the purposes of this paragraph;
transportation facility user means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user;
transportation service means—
(a)a pipeline service; or
(b)a service provided by means of a compression service facility; or
(c)a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility;
transportation service provider means a person who owns, controls or operates a transportation facility;
trial project means a project—
(a)that—
(i)the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or
(ii)the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and
(b)tests an approach in relation to covered gas services;
trial Rule—see section 290;
trial waiver—see section 30W;
Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;
user means a person who—
(a)is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or
(b)has a right under an access determination to be provided with a pipeline service by means of a pipeline;
user facility means a facility by means of which covered gas is consumed (including by transformation of the gas into a new form) and which is not any other form of covered gas industry facility;
VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force;
wholesale gas market, for Chapter 2 Part 1 Division 1AA—see section 30AA;
wholesale gas market participant, for Chapter 2 Part 1 Division 1AA—see section 30AA;
wholesale market monitoring guidelines, for Chapter 2 Part 1 Division 1AA—see section 30AA;
Wholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction.
| s 68(2) | amended by 37/2020 s 54(2) | 29.1.2021 |
| ss 68A and 68B | inserted by 7/2011 s 57 | 1.7.2012 |
| s 68C | inserted by 79/2013 s 21 | 19.12.2013 |
| deleted by 3/2021 s 38 | 15.4.2021 | |
| Ch 2 Pt 1 Div 4A | inserted by 21/2022 s 43 | 2.3.2023 |
| Ch 2 Pt 1 Div 5 | ||
| heading | amended by 21/2022 s 44 | 2.3.2023 |
| Ch 2 Pt 1 Div 5A | inserted by 21/2022 s 45 | 2.3.2023 |
| Ch 2 Pt 2 Div 1 | ||
| s 72A | inserted by 26/2023 s 16 | 21.9.2023 |
| Ch 2 Pt 2 Div 2 | ||
| s 74 | ||
| s 74(1) | amended by 30/2009 s 13(1) | 1.7.2009 |
| amended by 46/2009 s 7 | 1.1.2010 | |
| amended by 7/2011 s 58(1), (2) | 1.7.2012 | |
| amended by 54/2013 s 5 | 12.12.2013 | |
| amended by 23/2018 s 8(1), (2) | 22.11.2018 | |
| amended by 3/2022 s 23(1), (2) | 23.6.2022 | |
| amended by 22/2022 s 36 | 8.12.2022 | |
| amended by 7/2023 s 5(1), (2) | 27.4.2023 | |
| amended by 36/2023 s 21(1)—(3) | 7.3.2024 | |
| s 74(3) | amended by 30/2009 s 13(2)—(8) | 1.7.2009 |
| amended by 23/2018 s 8(3) | 22.11.2018 | |
| s 81 | ||
| s 81(1) | amended by 3/2021 s 39 | 15.4.2021 |
| s 83A | inserted by 23/2017 s 4 | 1.8.2017 |
| substituted by 21/2022 s 46 | 2.3.2023 | |
| deleted by 36/2023 s 22 | 7.3.2024 | |
| s 83AA | inserted by 21/2022 s 46 | 2.3.2023 |
| deleted by 36/2023 s 22 | 7.3.2024 | |
| s 83B | inserted by 23/2018 s 9 | 22.11.2018 |
| s 83B(2) | amended by 36/2023 s 23(1), (2) | 7.3.2024 |
| s 83B(3) | amended by 36/2023 s 23(1), (3) | 7.3.2024 |
| s 83C | inserted by 23/2018 s 9 | 22.11.2018 |
| s 83D | inserted by 23/2018 s 9 | 22.11.2018 |
| amended by 37/2020 s 55 | 29.1.2021 | |
| amended by 36/2023 s 24(1), (2) | 7.3.2024 | |
| Ch 2 Pt 3 | ||
| s 87 | ||
| s 87(3) | substituted by 3/2021 s 40 | 15.4.2021 |
| s 88 | deleted by 21/2022 s 47 | 2.3.2023 |
| Ch 2 Pt 4 before deletion by 21/2022 | ||
| s 90 | ||
| s 90(6) | amended by 7/2011 Sch 1 | 1.7.2012 |
| s 90(9) | ||
| Councillor | amended by 7/2011 Sch 1 | 1.7.2012 |
| Ch 2 Pt 4 | deleted by 21/2022 s 48 | 2.3.2023 |
| Ch 2 Pt 6 | inserted by 30/2009 s 14 | 1.7.2009 |
| Ch 2 Pt 6 Div 1 | ||
| s 91A | ||
| s 91A(1) | amended by 46/2009 ss 8, 17 | 1.1.2010 |
| note amended by 7/2011 s 59 | 1.7.2012 | |
| amended by 54/2013 s 6 | 12.12.2013 | |
| amended by 23/2018 s 10(1), (2) | 22.11.2018 | |
| amended by 7/2023 s 6 | 27.4.2023 | |
| amended by 36/2023 s 25(1)—(3) | 7.3.2024 | |
| Ch 2 Pt 6 Div 1A | inserted by 7/2023 s 7 | 27.4.2023 |
| s 91AD | ||
| s 91AD(1) | amended by 36/2023 s 26(1), (2) | 7.3.2024 |
| s 91AD(5) | amended by 36/2023 s 26(1) | 7.3.2024 |
| s 91AF | ||
| s 91AF(1) | amended by 36/2023 s 27 | 7.3.2024 |
| s 91AF(3) | amended by 36/2023 s 27 | 7.3.2024 |
| s 91AF(8) | amended by 36/2023 s 27 | 7.3.2024 |
| Ch 2 Pt 6 Div 2 | ||
| s 91BA | ||
| s 91BA(1) | amended by 36/2023 s 28(1), (2) | 7.3.2024 |
| s 91BA(2) | amended by 7/2023 s 8 | 27.4.2023 |
| amended by 36/2023 s 28(3), (4) | 7.3.2024 | |
| s 91BC | ||
| s 91BC(1) | amended by 36/2023 s 29 | 7.3.2024 |
| s 91BC(2) | amended by 36/2023 s 29 | 7.3.2024 |
| s 91BC(5) | amended by 37/2020 s 56(1) | 29.1.2021 |
| s 91BC(6) | amended by 37/2020 s 56(2) | 29.1.2021 |
| s 91BF | ||
| s 91BF(2) | amended by 36/2023 s 30 | 7.3.2024 |
| s 91BH | ||
| s 91BH(4) | amended by 21/2022 s 49 | 2.3.2023 |
| s 91BI | amended by 36/2023 s 31(1)—(3) | 7.3.2024 |
| s 91BP | amended by 36/2023 s 32(1), (2) | 7.3.2024 |
| s 91BQ | ||
| s 91BQ(1) | amended by 36/2023 s 33 | 7.3.2024 |
| Ch 2 Pt 6 Div 2A | inserted by 46/2009 s 9 | 1.1.2010 |
| s 91BRB | ||
| s 91BRB(2) | amended by 36/2023 s 34 | 7.3.2024 |
| s 91BRC | amended by 36/2023 s 35 | 7.3.2024 |
| s 91BRF | amended by 36/2023 s 36 | 7.3.2024 |
| s 91BRG | amended by 36/2023 s 37(1), (2) | 7.3.2024 |
| Ch 2 Pt 6 Div 2B | inserted by 54/2013 s 7 | 12.12.2013 |
| s 91BRK | ||
| s 91BRK(2) | amended by 36/2023 s 38 | 7.3.2024 |
| Ch 2 Pt 6 Divs 2C—2E | inserted by 23/2018 s 11 | 22.11.2018 |
| Ch 2 Pt 6 Div 4 | ||
| s 91D | ||
| s 91D(1) | amended by 3/2022 s 24 | 23.6.2022 |
| amended by 36/2023 s 39(1) | 7.3.2024 | |
| s 91D(2) | substituted by 36/2023 s 39(2) | 7.3.2024 |
| s 91DA | ||
| s 91DA(1) | s 91DA redesignated as s 91DA(1) by 3/2022 s 25 | 23.6.2022 |
| s 91DA(2) | inserted by 3/2022 s 25 | 23.6.2022 |
| amended by 36/2023 s 40 | 7.3.2024 | |
| s 91DB | inserted by 3/2022 s 26 | 23.6.2022 |
| s 91DB(1) | amended by 36/2023 s 41 | 7.3.2024 |
| ss 91DC—91DH | inserted by 3/2022 s 26 | 23.6.2022 |
| Ch 2 Pt 6 Div 6 | ||
| Ch 2 Pt 6 Div 6 Subdiv 1 | ||
| heading | inserted by 46/2009 s 10 | 1.1.2010 |
| s 91F | ||
| s 91F(2) | amended by 7/2023 s 9(1) | 27.4.2023 |
| s 91F(4a) and (4b) | inserted by 7/2023 s 9(2) | 27.4.2023 |
| s 91FA | ||
| s 91FA(2) | substituted by 3/2021 s 41 | 15.4.2021 |
| s 91FA(3) and (4) | inserted by 7/2023 s 10 | 27.4.2023 |
| s 91FB | ||
| s 91FB(4) | inserted by 7/2023 s 11 | 27.4.2023 |
| s 91FE | amended by 37/2020 s 57 | 29.1.2021 |
| s 91FEA | ||
| s 91FEA(1) | amended by 36/2023 s 42 | 7.3.2024 |
| Ch 2 Pt 6 Div 6 Subdiv 2 | inserted by 46/2009 s 11 | 1.1.2010 |
| s 91FEC | amended by 37/2020 s 58 | 29.1.2021 |
| Ch 2 Pt 6 Div 6 Subdiv 3 | inserted by 23/2018 s 12 | 22.11.2018 |
| s 91FEG | amended by 37/2020 s 59 | 29.1.2021 |
| Ch 2 Pt 6 Div 6 Subdiv 4 | inserted by 23/2018 s 12 | 22.11.2018 |
| s 91FEI | amended by 37/2020 s 60 | 29.1.2021 |
| Ch 2 Pt 6 Div 6 Subdiv 5 | inserted by 36/2023 s 43 | 7.3.2024 |
| Ch 2 Pt 6 Div 7 | ||
| s 91GC | ||
| s 91GC(2) | amended by 7/2011 s 60 | 1.7.2012 |
| amended by 12/2018 s 22 | 20.9.2018 | |
| s 91GFA | inserted by 55/2016 s 15 | 15.12.2016 |
| s 91GG | ||
| s 91GG(1) | amended by 23/2018 s 13 | 22.11.2018 |
| amended by 7/2023 s 12 | 27.4.2023 | |
| amended by 36/2023 s 44 | 7.3.2024 | |
| s 91GH | ||
| s 91GH(7a) | inserted by 55/2016 s 16 | 15.12.2016 |
| amended by 3/2021 s 42(1)—(3) | 15.4.2021 | |
| Ch 2 Pt 6 Div 8 | ||
| s 91H | ||
| s 91H(4) | ||
| AEMO | inserted by 54/2013 s 8(1) | 12.12.2013 |
| Registered participant | amended by 54/2013 s 8(2) | 12.12.2013 |
| substituted by 23/2018 s 14 | 22.11.2018 | |
| amended by 7/2023 s 13 | 27.4.2023 | |
| Ch 2 Pt 6 Div 10 | ||
| s 91KA | ||
| s 91KA(1) | amended by 36/2023 s 45 | 7.3.2024 |
| s 91KA(5) | ||
| distribution pipeline | deleted by 21/2022 s 50 | 2.3.2023 |
| Ch 2 Pt 6 Div 11 | inserted by 46/2009 s 18 | 1.1.2010 |
| s 91KD | ||
| s 91KD(1) | amended by 36/2023 s 46 | 7.3.2024 |
| Ch 2 Pt 7 | inserted by 30/2009 s 14 | 1.7.2009 |
| Ch 2 Pt 7 Div 1 | ||
| s 91L | ||
| s 91L(1) | amended by 36/2023 s 47 | 7.3.2024 |
| s 91LA | ||
| s 91LA(2) | (c) deleted by 21/2022 s 51 | 2.3.2023 |
| amended by 36/2023 s 48 | 7.3.2024 | |
| Ch 2 Pt 7 Div 2 | ||
| s 91MB | ||
| s 91MB(2) | deleted by 3/2022 s 27 | 23.6.2022 |
| Ch 3 before substitution by 21/2022 | ||
| s 98 | ||
| s 98(3) | amended by 30/2009 s 15 | 1.7.2009 |
| s 117 | ||
| s 117(3) | substituted by 3/2021 s 43 | 15.4.2021 |
| Ch 3 | substituted by 21/2022 s 52 | 2.3.2023 |
| Ch 4 | ||
| heading | amended by 21/2022 s 53 | 2.3.2023 |
| Ch 4 Pt A1 | inserted by 21/2022 s 54 | 2.3.2023 |
| Ch 4 Pt 1 | ||
| heading | amended by 21/2022 s 55 | 2.3.2023 |
| s 131 | amended by 21/2022 s 56(1), (2) | 2.3.2023 |
| s 132 | deleted by 21/2022 s 57 | 2.3.2023 |
| s 133 | ||
| s 133(1) | amended by 21/2022 s 58(1)—(3) | 2.3.2023 |
| s 133(5) | substituted by 21/2022 s 58(4) | 2.3.2023 |
| s 134 | deleted by 21/2022 s 59 | 2.3.2023 |
| s 135 | substituted by 21/2022 s 60 | 2.3.2023 |
| s 136 | substituted by 21/2022 s 61 | 2.3.2023 |
| ss 136A—136C | inserted by 21/2022 s 61 | 2.3.2023 |
| Ch 4 Pt 2 Div 1 | ||
| s 137 | ||
| compliance date | deleted by 21/2022 s 62(1) | 2.3.2023 |
| related business | amended by 21/2022 s 62(2) | 2.3.2023 |
| substituted by 36/2023 s 49 | 7.3.2024 | |
| s 138 | ||
| s 138(1) | amended by 21/2022 s 63 | 2.3.2023 |
| s 138(2) | amended by 21/2022 s 63 | 2.3.2023 |
| Ch 4 Pt 2 Div 2 | ||
| s 139 | amended by 21/2022 s 64 | 2.3.2023 |
| s 140 | ||
| s 140(1) | amended by 21/2022 s 65(1), (2) | 2.3.2023 |
| s 140(2) | amended by 21/2022 s 65(1), (2) | 2.3.2023 |
| s 141 | amended by 21/2022 s 66(1)—(3) | 2.3.2023 |
| Ch 4 Pt 2 Div 3 | ||
| s 143 | ||
| s 143(1) | amended by 21/2022 s 67(1) | 2.3.2023 |
| s 143(2) | amended by 21/2022 s 67(2) | 2.3.2023 |
| s 143(3) | amended by 21/2022 s 67(3) | 2.3.2023 |
| s 143(4)—(6) | amended by 21/2022 s 67(4) | 2.3.2023 |
| s 144 | amended by 21/2022 s 68 | 2.3.2023 |
| s 145 | amended by 21/2022 s 69 | 2.3.2023 |
| Ch 4 Pt 2 Div 4 | deleted by 21/2022 s 70 | 2.3.2023 |
| Ch 4 Pt 2 Div 4 | Ch 4 Pt 2 Div 5 resdesignated as Ch 4 Pt 2 Div 4 by 21/2022 s 71 | 2.3.2023 |
| s 147 | amended by 21/2022 s 72 | 2.3.2023 |
| amended by 36/2023 s 50 | 7.3.2024 | |
| s 148 | ||
| s 148(1) | amended by 21/2022 s 73(1) | 2.3.2023 |
| s 148(2) | amended by 21/2022 s 73(2) | 2.3.2023 |
| Ch 4 Pt 2 Div 5 | inserted by 21/2022 s 74 | 2.3.2023 |
| s 148AA | inserted by 36/2023 s 51 | 7.3.2024 |
| s 148A | substituted by 36/2023 s 51 | 7.3.2024 |
| Ch 4 Pts 3 and 4 | inserted by 21/2022 s 74 | 2.3.2023 |
| Ch 5 | substituted by 21/2022 s 75 | 2.3.2023 |
| Ch 5A | inserted by 36/2023 s 52 | 7.3.2024 |
| Ch 6 before deletion by 21/2022 | ||
| heading | substituted by 23/2017 s 5 | 1.8.2017 |
| s 178A | inserted by 7/2011 s 61 | 1.7.2012 |
| s 200 | ||
| s 200(2) | amended by 37/2020 s 61 | 29.1.2021 |
| s 202 | amended by 37/2020 s 62 | 29.1.2021 |
| s 203 | ||
| s 203(1) | amended by 37/2020 s 63 | 29.1.2021 |
| s 204 | amended by 37/2020 s 64 | 29.1.2021 |
| Ch 6 | deleted by 21/2022 s 75 | 2.3.2023 |
| Ch 6A | inserted by 23/2017 s 6 | 1.8.2017 |
| deleted by 21/2022 s 75 | 2.3.2023 | |
| Ch 7 | ||
| heading | amended by 36/2023 s 53 | 7.3.2024 |
| Ch 7 Pt 1 | ||
| heading | amended by 30/2009 s 16 | 1.7.2009 |
| s 217 | substituted by 30/2009 s 17 | 1.7.2009 |
| amended by 36/2023 s 54 | 7.3.2024 | |
| s 218 | substituted by 30/2009 s 17 | 1.7.2009 |
| s 218(1) | amended by 36/2023 s 55(1) | 7.3.2024 |
| s 218(2) | amended by 23/2018 s 15 | 22.11.2018 |
| amended by 3/2022 s 28(1) | 23.6.2022 | |
| amended by 36/2023 s 55(1), (2) | 7.3.2024 | |
| s 218(3) | amended by 23/2018 s 15 | 22.11.2018 |
| amended by 3/2022 s 28(2) | 23.6.2022 | |
| amended by 36/2023 s 55(3) | 7.3.2024 | |
| s 219 | amended by 30/2009 s 18(1), (2) | 1.7.2009 |
| amended by 23/2018 s 16 | 22.11.2018 | |
| amended by 3/2022 s 29(1), (2) | 23.6.2022 | |
| heading amended by 36/2023 s 56(1) | 7.3.2024 | |
| amended by 36/2023 s 56(2), (3) | 7.3.2024 | |
| s 220 | deleted by 30/2009 s 19 | 1.7.2009 |
| s 221 | deleted by 30/2009 s 20 | 1.7.2009 |
| s 222 | ||
| s 222(1) | amended by 30/2009 s 21 | 1.7.2009 |
| amended by 36/2023 s 57 | 7.3.2024 | |
| Ch 7 Pt 2 | ||
| s 223 before substitution by 3/2022 | ||
| s 223(1) | (b) deleted by 30/2009 s 22(1) | 1.7.2009 |
| amended by 30/2009 s 22(2) | 1.7.2009 | |
| amended by 23/2018 s 17 | 22.11.2018 | |
| s 223(2) | amended by 30/2009 s 22(2) | 1.7.2009 |
| s 223(4) | inserted by 30/2009 s 22(3) | 1.7.2009 |
| s 223 | substituted by 3/2022 s 30 | 23.6.2022 |
| s 223(1) | amended by 36/2023 s 58(1), (2) | 7.3.2024 |
| s 223(5) | amended by 36/2023 s 58(1) | 7.3.2024 |
| s 223A | inserted by 23/2018 s 18 | 22.11.2018 |
| deleted by 3/2022 s 30 | 23.6.2022 | |
| s 224 | amended by 23/2018 s 19 | 22.11.2018 |
| amended by 3/2022 s 31 | 23.6.2022 | |
| s 225 | amended by 30/2009 s 23 | 1.7.2009 |
| amended by 3/2022 s 32 | 23.6.2022 | |
| s 226 | ||
| s 226(1) | amended by 30/2009 s 24(1) | 1.7.2009 |
| amended by 3/2022 s 33 | 23.6.2022 | |
| s 226(5) | deleted by 30/2009 s 24(2) | 1.7.2009 |
| s 226A | inserted by 3/2022 s 34 | 23.6.2022 |
| s 226A(1) | amended by 36/2023 s 59 | 7.3.2024 |
| Ch 7 Pt 3 | substituted by 30/2009 s 25 | 1.7.2009 |
| s 228 | ||
| s 228(1) | amended by 36/2023 s 60 | 7.3.2024 |
| s 228(2) | amended by 36/2023 s 60 | 7.3.2024 |
| s 228A | ||
| s 228A(2) | deleted by 3/2022 s 35 | 23.6.2022 |
| Ch 7A | inserted by 23/2018 s 20 | 22.11.2018 |
| Ch 7A Pt 3 | ||
| s 228I | amended by 36/2023 s 61 | 7.3.2024 |
| Ch 8 | ||
| Ch 8 Pt 1 | ||
| s 229 | ||
| s 229(1) | amended by 30/2009 s 26(1) | 1.7.2009 |
| s 229(2) | amended by 30/2009 s 26(2) | 1.7.2009 |
| s 230 | ||
| s 230(1) | amended by 30/2009 s 27 | 1.7.2009 |
| Ch 8 Pt 1A | inserted by 7/2011 s 62 | 1.7.2012 |
| Ch 8 Pt 2 | ||
| heading | amended by 30/2009 s 28 | 1.7.2009 |
| s 231 | ||
| s 231(1) | amended by 30/2009 s 29(1) | 1.7.2009 |
| amended by 37/2020 s 65(1) | 29.1.2021 | |
| s 231(2) | amended by 30/2009 s 29(2), (3) | 1.7.2009 |
| amended by 37/2020 s 65(2), (3) | 29.1.2021 | |
| amended by 21/2022 s 76 | 2.3.2023 | |
| s 231(2a) | inserted by 37/2020 s 65(4) | 29.1.2021 |
| s 231(3) | amended by 30/2009 s 29(4) | 1.7.2009 |
| s 232 | ||
| s 232(1) | amended by 37/2020 s 66(1) | 29.1.2021 |
| s 232(2) | amended by 37/2020 s 66(2), (3) | 29.1.2021 |
| s 232(4) | amended by 7/2011 s 63 | 1.7.2012 |
| Ch 8 Pt 3 | ||
| s 234 | amended by 37/2020 s 67(1), (2) | 29.1.2021 |
| Ch 8 Pt 4 | ||
| s 243 | substituted by 30/2009 s 30 | 1.7.2009 |
| Ch 8 Pt 5 | ||
| Ch 8 Pt 5 Div 1 | ||
| s 244 | ||
| AER information disclosure decision | deleted by 30/2009 s 31(1) | 1.7.2009 |
| affected or interested person or body | amended by 79/2013 s 22(1) | 19.12.2013 |
| deleted by 3/2021 s 44(1) | 15.4.2021 | |
| applicant | (a) deleted by 3/2021 s 44(2) | 15.4.2021 |
| average annual regulated revenue | deleted by 3/2021 s 44(3) | 15.4.2021 |
| coverage related light regulation decision | deleted by 3/2021 s 44(3) | 15.4.2021 |
| end user | deleted by 3/2021 s 44(3) | 15.4.2021 |
| information disclosure decision | inserted by 30/2009 s 31(2) | 1.7.2009 |
| intervener | deleted by 3/2021 s 44(3) | 15.4.2021 |
| materially preferable designated NGO decision | inserted by 79/2013 s 22(2) | 19.12.2013 |
| deleted by 3/2021 s 44(3) | 15.4.2021 | |
| NCC recommendation | deleted by 3/2021 s 44(3) | 15.4.2021 |
| original decision maker | deleted by 3/2021 s 44(3) | 15.4.2021 |
| regulated revenue | deleted by 3/2021 s 44(3) | 15.4.2021 |
| regulatory period | deleted by 3/2021 s 44(3) | 15.4.2021 |
| review under this Part | amended by 3/2021 s 44(4) | 15.4.2021 |
| reviewable regulatory decision | amended by 79/2013 s 22(3) | 19.12.2013 |
| deleted by 3/2021 s 44(5) | 15.4.2021 | |
| reviewable regulatory decision process participant | inserted by 79/2013 s 22(4) | 19.12.2013 |
| deleted by 3/2021 s 44(5) | 15.4.2021 | |
| small/medium user or consumer intervener | deleted by 3/2021 s 44(5) | 15.4.2021 |
| small to medium user or end user | deleted by 3/2021 s 44(5) | 15.4.2021 |
| user or consumer association | deleted by 3/2021 s 44(5) | 15.4.2021 |
| user or consumer interest group | deleted by 3/2021 s 44(5) | 15.4.2021 |
| user or consumer intervener | deleted by 3/2021 s 44(5) | 15.4.2021 |
| Ch 8 Pt 5 Div 2 before deletion by 3/2021 | ||
| s 246 | ||
| s 246(1a) | inserted by 79/2013 s 23(1) | 19.12.2013 |
| s 246(2) | amended by 79/2013 s 23(2) | 19.12.2013 |
| s 248 | amended by 79/2013 s 24 | 19.12.2013 |
| s 249 | ||
| s 249(1) | amended by 79/2013 s 25 | 19.12.2013 |
| s 254 | ||
| s 254(1) | amended by 79/2013 s 26(1) | 19.12.2013 |
| s 254(2) | deleted by 79/2013 s 26(2) | 19.12.2013 |
| s 256 | ||
| s 256(1a) | inserted by 79/2013 s 27(1) | 19.12.2013 |
| s 256(2) | amended by 79/2013 s 27(2) | 19.12.2013 |
| s 258 | ||
| s 258(a1) | inserted by 79/2013 s 28 | 19.12.2013 |
| s 258A | inserted by 79/2013 s 29 | 19.12.2013 |
| s 259 | ||
| s 259(2) | substituted by 79/2013 s 30(1) | 19.12.2013 |
| s 259(3) | amended by 79/2013 s 30(2) | 19.12.2013 |
| s 259(4) | amended by 79/2013 s 30(3) | 19.12.2013 |
| s 259(4a)—(4c) | inserted by 79/2013 s 30(4) | 19.12.2013 |
| s 259(5) | amended by 79/2013 s 30(5) | 19.12.2013 |
| s 261 | ||
| s 261(1) | substituted by 79/2013 s 31(1) | 19.12.2013 |
| s 261(2) | deleted by 79/2013 s 31(2) | 19.12.2013 |
| s 261(3) | amended by 79/2013 s 31(3), (4) | 19.12.2013 |
| s 261(3a)—(3d) | inserted by 79/2013 s 31(5) | 19.12.2013 |
| s 261(4) | amended by 79/2013 s 31(6), (7) | 19.12.2013 |
| s 261(6) | deleted by 79/2013 s 31(8) | 19.12.2013 |
| s 261(7) | ||
| review related matter | substituted by 79/2013 s 31(9) | 19.12.2013 |
| Ch 8 Pt 5 Div 2 | deleted by 3/2021 s 45 | 15.4.2021 |
| Ch 8 Pt 5 Div 3 | ||
| heading | amended by 30/2009 s 32 | 1.7.2009 |
| s 263 | ||
| s 263(1) | amended by 30/2009 s 33(1) | 1.7.2009 |
| s 263(4) | substituted by 30/2009 s 33(2) | 1.7.2009 |
| s 265 | ||
| s 265(2) | substituted by 30/2009 s 34(1) | 1.7.2009 |
| s 265(3) | amended by 30/2009 s 34(2) | 1.7.2009 |
| s 265(4) | substituted by 30/2009 s 34(3) | 1.7.2009 |
| s 266 | ||
| s 266(2) | amended by 30/2009 s 35 | 1.7.2009 |
| s 267 | substituted by 30/2009 s 36 | 1.7.2009 |
| Ch 8 Pt 5 Div 4 | ||
| s 268 | ||
| s 268(2) | amended by 79/2013 s 32 | 19.12.2013 |
| amended by 3/2021 s 46(1), (2) | 15.4.2021 | |
| (c) deleted by 3/2021 s 46(3) | 15.4.2021 | |
| s 268(3) | deleted by 3/2021 s 46(4) | 15.4.2021 |
| s 269 | ||
| s 269(1) | s 269 redesignated as s 269(1) by 79/2013 s 33 | 19.12.2013 |
| s 269(2) | inserted by 79/2013 s 33 | 19.12.2013 |
| deleted by 3/2021 s 47 | 15.4.2021 | |
| s 269A | inserted by 79/213 s 34 | 19.12.2013 |
| deleted by 3/2021 s 48 | 15.4.2021 | |
| s 270 before deletion by 3/2021 | ||
| s 270(1) | substituted by 79/2013 s 35 | 19.12.2013 |
| s 270(1a) | inserted by 79/2013 s 35 | 19.12.2013 |
| s 270 | deleted by 3/2021 s 48 | 15.4.2021 |
| Ch 8 Pt 5A | inserted by 30/2009 s 37 | 1.7.2009 |
| s 270A | deleted by 3/2021 s 49 | 15.4.2021 |
| s 270B | substituted by 3/2021 s 50 | 15.4.2021 |
| s 270C | ||
| s 270C(2) | substituted by 3/2021 s 51 | 15.4.2021 |
| s 270C(3) | inserted by 3/2021 s 51 | 15.4.2021 |
| Ch 8 Pt 6 | ||
| s 271 | ||
| s 271(5) | inserted by 23/2017 s 7 | 1.8.2017 |
| deleted by 21/2022 s 77 | 2.3.2023 | |
| Ch 8 Pt 7 | ||
| s 277 | ||
| s 277(1) | amended by 37/2020 s 68 | 29.1.2021 |
| s 279 | substituted by 37/2020 s 69 | 29.1.2021 |
| Ch 8 Pt 8 | ||
| s 289 | amended by 37/2020 s 70 | 29.1.2021 |
| Ch 9 | ||
| Ch 9 Pt 1 | ||
| s 290 | ||
| gas market regulatory body | substituted by 30/2009 s 38 | 1.7.2009 |
| market initiated proposed Rule | amended by 22/2022 s 37(1) | 8.12.2022 |
| publish | amended by 3/2021 s 52 | 15.4.2021 |
| amended by 22/2022 s 37(2) | 8.12.2022 | |
| trial Rule | inserted by 22/2022 s 37(3) | 8.12.2022 |
| urgent Rule | substituted by 46/2009 s 19 | 1.1.2010 |
| s 292 | amended by 21/2022 s 78 | 2.3.2023 |
| s 293 | amended by 21/2022 s 79 | 2.3.2023 |
| s 293A | inserted by 22/2022 s 38 | 8.12.2022 |
| Ch 9 Pt 2 | ||
| heading | amended by 12/2018 s 23 | 20.9.2018 |
| Ch 9 Pt 2 Div 1 | ||
| heading | inserted by 12/2018 s 24 | 20.9.2018 |
| s 294A | inserted by 30/2009 s 39 | 1.7.2009 |
| s 294B | inserted by 46/2009 s 12 | 1.1.2010 |
| s 294C | inserted by 7/2011 s 64 | 1.7.2012 |
| s 294CA | inserted by 33/2018 s 18 | 13.12.2018 |
| s 294D | inserted by 54/2013 s 9 | 12.12.2013 |
| s 294DA | inserted by 23/2018 s 21 | 22.11.2018 |
| s 294E | inserted by 21/2014 s 27 | 30.1.2015 |
| s 294EA | inserted by 22/2022 s 39 | 8.12.2022 |
| s 294F | inserted by 23/2017 s 8 | 1.8.2017 |
| s 294FA | inserted by 3/2022 s 36 | 23.6.2022 |
| s 294FB | inserted by 21/2022 s 80 | 2.3.2023 |
| s 294FC | inserted by 26/2023 s 17 | 21.9.2023 |
| s 294FD | inserted by 36/2023 s 62 | 7.3.2024 |
| s 294FE | inserted by 12/2024 s 17 | 8.5.2024 |
| Ch 9 Pt 2 Div 2 | inserted by 12/2018 s 25 | 20.9.2018 |
| s 294G | ||
| s 294G(1) | amended by 21/2022 s 81 | 2.3.2023 |
| s 294G(3) | amended by 36/2023 s 63 | 7.3.2024 |
| s 294H | inserted by 7/2023 s 14 | 27.4.2023 |
| expired: s 294H(7)—omitted under Legislation Revision and Publication Act 2002 | (27.10.2023) | |
| Ch 9 Pt 3 | ||
| s 295 | ||
| s 295(3) | inserted by 30/2009 s 40 | 1.7.2009 |
| substituted by 3/2021 s 53 | 15.4.2021 | |
| s 295(4) and (5) | inserted by 30/2009 s 40 | 1.7.2009 |
| s 297 | ||
| s 297(1) | substituted by 7/2011 s 65 | 1.7.2012 |
| s 298 | amended by 22/2022 s 40 | 8.12.2022 |
| s 301 | ||
| s 301(1) | amended by 22/2022 s 41(1), (2) | 8.12.2022 |
| s 301(2) | substituted by 22/2022 s 41(3) | 8.12.2022 |
| s 301(7) | inserted by 22/2022 s 41(4) | 8.12.2022 |
| s 304 | ||
| s 304(1) | amended by 12/2018 s 26 | 20.9.2018 |
| s 304A | inserted by 22/2022 s 42 | 8.12.2022 |
| s 308 | ||
| s 308(4a) | inserted by 30/2009 s 41 | 1.7.2009 |
| s 310 | ||
| s 310(1) | amended by 30/2009 s 42 | 1.7.2009 |
| s 311 | ||
| s 311(3) | amended by 22/2022 s 43 | 8.12.2022 |
| s 312 | substituted by 30/2009 s 43 | 1.7.2009 |
| s 313 | ||
| s 313(3) | inserted by 22/2022 s 44 | 8.12.2022 |
| s 314A | inserted by 22/2022 s 45 | 8.12.2022 |
| s 314A(2) | amended by 36/2023 s 64 | 7.3.2024 |
| ss 314B—314D | inserted by 22/2022 s 45 | 8.12.2022 |
| Ch 9 Pt 4 | ||
| s 320A | inserted by 12/2018 s 27 | 20.9.2018 |
| Ch 10 Pt 1 before deletion by 21/2022 | ||
| s 322 | amended by 23/2018 s 22 | 22.11.2018 |
| Ch 10 Pt 1 | deleted by 21/2022 s 83 | 2.3.2023 |
| Ch 10 Pt 2 Div 1 | ||
| s 324 | note amended by 7/2011 Sch 1 | 1.7.2012 |
| amended by 21/2022 s 82 | 2.3.2023 | |
| s 326A | inserted by 12/2018 s 28 | 20.9.2018 |
| s 328A | inserted by 30/2009 s 44 | 1.7.2009 |
| s 328B | inserted by 55/2016 s 17 | 15.12.2016 |
| s 329 | ||
| s 329(1) | amended by 30/2009 s 45 | 1.7.2009 |
| amended by 55/2016 s 18(1), (2) | 15.12.2016 | |
| s 329(1a)—(1e) | inserted by 55/2016 s 18(3) | 15.12.2016 |
| s 329(2) | amended by 55/2016 s 18(4) | 15.12.2016 |
| s 329(3) | amended by 55/2016 s 18(5) | 15.12.2016 |
| s 329(6) | amended by 55/2016 s 18(6) | 15.12.2016 |
| s 329(7) | amended by 55/2016 s 18(7) | 15.12.2016 |
| s 329(7a) | inserted by 55/2016 s 18(8) | 15.12.2016 |
| s 329(8) | ||
| restricted period | substituted by 55/2016 s 18(9) | 15.12.2016 |
| Ch 10 Pt 2 Div 2 | substituted by 21/2022 s 84 | 2.3.2023 |
| Ch 10 Pt 3 | ||
| s 332 | ||
| s 332(3) | ||
| regulatory scheme decision maker | amended by 30/2009 s 46 | 1.7.2009 |
| substituted by 21/2022 s 85 | 2.3.2023 | |
| s 333 | substituted by 21/2022 s 86 | 2.3.2023 |
| ss 334 and 335 | deleted by 21/2022 s 87 | 2.3.2023 |
| ss 335A and 335B | inserted by 37/2020 s 71 | 29.1.2021 |
| Sch 1 before substitution by 21/2022 | ||
| items 36A and 36B | inserted by 7/2011 s 66 | 1.7.2012 |
| item 37 | amended by 23/2017 s 9(1) | 1.8.2017 |
| item 38 | amended by 23/2017 s 9(2) | 1.8.2017 |
| item 39 | amended by 23/2017 s 9(3) | 1.8.2017 |
| item 41 | (g) deleted by 33/2018 s 19 | 13.12.2018 |
| item 48A | inserted by 23/2017 s 9(4) | 1.8.2017 |
| item 50A | inserted by 3/2022 s 37(1) | 23.6.2022 |
| item 55A | inserted by 30/2009 s 47(1) | 1.7.2009 |
| amended by 46/2009 s 13(1) | 1.1.2010 | |
| item 55B | inserted by 30/2009 s 47(1) | 1.7.2009 |
| item 55C | inserted by 30/2009 s 47(1) | 1.7.2009 |
| amended by 46/2009 s 13(2) | 1.1.2010 | |
| item 55D | inserted by 30/2009 s 47(1) | 1.7.2009 |
| item 55E | inserted by 30/2009 s 47(1) | 1.7.2009 |
| amended by 46/2009 s 13(3) | 1.1.2010 | |
| items 55F—55J | inserted by 30/2009 s 47(1) | 1.7.2009 |
| item 55JA | inserted by 3/2022 s 37(2) | 23.6.2022 |
| item 55JB | inserted by 3/2022 s 37(2) | 23.6.2022 |
| item 55K | inserted by 30/2009 s 47(1) | 1.7.2009 |
| item 55L | inserted by 30/2009 s 47(1) | 1.7.2009 |
| amended by 46/2009 s 13(4), (5) | 1.1.2010 | |
| items 55M and 55N | inserted by 46/2009 s 13(6) | 1.1.2010 |
| items 55O—55S | inserted by 54/2013 s 10 | 12.12.2013 |
| item 56 | amended by 23/2018 s 23(1) | 22.11.2018 |
| amended by 3/2022 s 37(3) | 23.6.2022 | |
| item 57 | amended by 30/2009 s 47(4) | 1.7.2009 |
| item 58 | amended by 30/2009 s 47(4) | 1.7.2009 |
| amended by 3/2022 s 37(4) | 23.6.2022 | |
| items 60, 67 and 80 | amended by 30/2009 s 47(4) | 1.7.2009 |
| item 80A | inserted by 30/2009 s 47(2) | 1.7.2009 |
| item 80B | inserted by 30/2009 s 47(2) | 1.7.2009 |
| amended by 21/2014 s 28 | 30.1.2014 | |
| item 82A | inserted by 30/2009 s 47(3) | 1.7.2009 |
| items 68A—68Z | inserted by 23/2018 s 23(2) | 22.11.2018 |
| Sch 1 | substituted by 21/2022 s 88 | 2.3.2023 |
| item 43 | amended by 36/2023 s 65(1) | 7.3.2024 |
| items 55T—55V | inserted by 7/2023 s 15 | 27.4.2023 |
| item 55W | inserted by 7/2023 s 15 | 27.4.2023 |
| amended by 36/2023 s 65(2) | 7.3.2024 | |
| item 55X | inserted by 7/2023 s 15 | 27.4.2023 |
| amended by 36/2023 s 65(3) | 7.3.2024 | |
| item 55Y | inserted by 7/2023 s 15 | 27.4.2023 |
| item 55Z | inserted by 7/2023 s 15 | 27.4.2023 |
| amended by 36/2023 s 65(4) | 7.3.2024 | |
| item 55ZA | inserted by 7/2023 s 15 | 27.4.2023 |
| amended by 36/2023 s 65(5) | 7.3.2024 | |
| item 55ZB | inserted by 7/2023 s 15 | 27.4.2023 |
| item 55ZC | inserted by 7/2023 s 15 | 27.4.2023 |
| amended by 36/2023 s 65(6) | 7.3.2024 | |
| items 55ZD—55ZG | inserted by 7/2023 s 15 | 27.4.2023 |
| item 61 | amended by 36/2023 s 65(7) | 7.3.2024 |
| item 63 | amended by 36/2023 s 65(8), (9) | 7.3.2024 |
| item 64 | amended by 36/2023 s 65(10) | 7.3.2024 |
| item 65 | amended by 36/2023 s 65(11) | 7.3.2024 |
| item 70 | amended by 36/2023 s 65(12) | 7.3.2024 |
| item 71 | amended by 36/2023 s 65(13) | 7.3.2024 |
| item 72 | amended by 36/2023 s 65(14) | 7.3.2024 |
| heading before item 78 | amended by 36/2023 s 65(15) | 7.3.2024 |
| item 78 | amended by 36/2023 s 65(16) | 7.3.2024 |
| item 79 | amended by 36/2023 s 65(17) | 7.3.2024 |
| item 81 | amended by 36/2023 s 65(18) | 7.3.2024 |
| item 84 | amended by 36/2023 s 65(19) | 7.3.2024 |
| item 85 | amended by 36/2023 s 65(20) | 7.3.2024 |
| item 86 | amended by 36/2023 s 65(21) | 7.3.2024 |
| item 87 | amended by 36/2023 s 65(22) | 7.3.2024 |
| item 88 | amended by 36/2023 s 65(23) | 7.3.2024 |
| item 121A | inserted by 36/2023 s 65(24) | 7.3.2024 |
| item 126A | inserted by 36/2023 s 65(25) | 7.3.2024 |
| Sch 2 | ||
| cl 2 | ||
| cl 2(3) | amended by 21/2022 s 89(1) | 2.3.2023 |
| cl 2(4) | substituted by 3/2021 s 54(1) | 15.4.2021 |
| cl 2(4a) and (4b) | inserted by 3/2021 s 54(1) | 15.4.2021 |
| cl 3 | inserted by 30/2009 s 48(2) | 1.7.2009 |
| cl 8 | ||
| cl 8(2) | amended by 21/2022 s 89(2) | 2.3.2023 |
| cl 31 | ||
| decision maker | amended by 30/2009 s 48(1) | 1.7.2009 |
| amended by 21/2022 s 89(3) | 2.3.2023 | |
| cl 33 | ||
| AER member | amended by 7/2011 Sch 1 | 1.7.2012 |
| NCC member | amended by 7/2011 Sch 1 | 1.7.2012 |
| deleted by 21/2022 s 89(4) | 2.3.2023 | |
| cl 34 | amended by 7/2011 Sch 1 | 1.7.2012 |
| amended by 33/2018 s 20(1) | 13.12.2018 | |
| amended by 21/2022 s 89(5) | 2.3.2023 | |
| (d)(iv) deleted by 21/2022 s 89(6) | 2.3.2023 | |
| cl 36 | amended by 7/2011 Sch 1 | 1.7.2012 |
| deleted by 21/2022 s 89(7) | 2.3.2023 | |
| cl 37 | deleted by 21/2022 s 89(7) | 2.3.2023 |
| cl 38 | substituted by 30/2009 s 48(3) | 1.7.2009 |
| cll 47A and 47B | inserted by 37/2020 s 72(1) | 29.1.2021 |
| cl 49 | ||
| cl 49(3) | amended by 37/2020 s 72(2) | 29.1.2021 |
| cl 51 | ||
| cl 51(3) | ||
| statutory instrument | amended by 46/2009 s 14 | 1.1.2010 |
| amended by 33/2018 s 20(2) | 13.12.2018 | |
| cl 51A | inserted by 33/2018 s 20(3) | 13.12.2018 |
| cl 52 | ||
| cl 52(4) | substituted by 3/2021 s 54(2) | 15.4.2021 |
| cl 52(4a) and (4b) | inserted by 3/2021 s 54(2) | 15.4.2021 |
| cl 53A | inserted by 33/2018 s 20(4) | 13.12.2018 |
| cl 53A(6) | ||
| affected access arrangement decision | amended by 21/2022 s 89(8) | 2.3.2023 |
| Sch 3 | ||
| Pt 1 | ||
| cl 1A | inserted by 21/2022 s 90(1) | 2.3.2023 |
| Pt 11 | inserted by 30/2009 s 49 | 1.7.2009 |
| Pt 12 | inserted by 46/2009 s 15 | 1.1.2010 |
| Pt 13 | inserted by 7/2011 s 67 | 1.7.2012 |
| Pt 14 | inserted by 55/2016 s 19 | 15.12.2016 |
| Pt 15 | inserted by 12/2018 s 29 | 20.9.2018 |
| Pt 16 | inserted by 23/2018 s 24 | 22.11.2018 |
| Pt 17 | inserted by 33/2018 s 21 | 13.12.2018 |
| Pt 18 | inserted by 3/2021 s 55 | 15.4.2021 |
| Pt 19 | inserted by 21/2022 s 90(2) | 2.3.2023 |
| Pt 20 | inserted by 26/2023 s 18 | 21.9.2023 |
| Pt 21 | inserted by 36/2023 s 66 | 7.3.2024 |
Historical versions
| 1.7.2008 |
| 1.7.2009 |
| 1.1.2010 |
| 1.7.2012 |
| 1.2.2013 |
| 12.12.2013 (electronic only) |
| 19.12.2013 |
| 30.1.2015 |
| 15.12.2016 |
| 1.8.2017 |
| 20.9.2018 |
| 22.11.2018 |
| 13.12.2018 |
| 29.1.2021 |
| 15.4.2021 |
| 23.6.2022 |
| 8.12.2022 |
| 2.3.2023 |
| 27.4.2023 |
| 21.9.2023 |
| 7.3.2024 |
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